Into The Fire

Take the trouble to decide the things you do
Will not be the things that don’t appeal to you
See the mess you’re makin’ can’t you see you’re fakin’
Gonna make it hard for you, you’re gonna–into the fire

Turn on the mandrake that was given to you
See if you can make it like the others do
Feel the blood a knockin’ when you’re finger poppin’
Gonna make it hard for you, you’re gonna–into the fire

Stop your bleeding mind before it’s over and done
Listen very closely to the message I’ve sung
Feel the blood a knockin’ when you’re finger poppin’
Gonna get a message through, you’re gonna–into the fire

Deep Purple in Rock is the fourth studio album by the English rock band Deep Purple, released on 5 June 1970. “Into the Fire” is the second song on the album. I still listen to some of this band’s albums, which I have on my hard disk.

When choosing the title, I was thinking of the massive devastation in Hawaii and the huge wildfires continuing in Canada, California and parts of southern Europe, including France. Such fires are increasingly dangerous, killing a lot of people. Many of the survivors lose everything, all the belongings of a lifetime. It may be reaching a point where it will be difficult to rebuild what was lost and get people to move back. Some of the photographs from Hawaii show devastation that looks more like bombing than fire damage.

September is back-to-school time. In France, la rentrée also means back to work. I hope you all had a nice summer. As I write, France is going through one of several summer heat waves. Some of them have broken records. I am lucky that my office stays cooler than the outside temperature even at the worst time of day.

France used to completely shut down for the entire month of August. This was called “Sleeping Beauty syndrome.” Although long-term residents may notice that each year it is increasingly business as usual in August, a nonchalant ambiance still reigns in Paris during the month.

I have not yet heard any discussion of a rentrée sociale, i.e., whatever actions the unions and the government plan to take in the fall. The COVID crisis changed this pattern, as it did so much else, to the point that many talk about a new normal.

A few things indicate to me that there could be a rentrée sociale this year as a reaction to some government decisions made this summer. There may be strikes and large demonstrations this fall, giving the impression that France is falling back into the fire.

The lyrics of the song could be describing what is going to happen, and maybe not just in France; there is reason to believe some court procedures may ignite some unrest in the USA.

At the end of the summer vacation, we should feel rested and enthusiastic for getting back to work. This year it feels gloomy. I hope I am wrong in my analysis.

THE FRENCH GOVERNMENT TAKES ACTION AGAINST FAKE SICK LEAVE
Proposed legislation to reduce fraudulent sick leave illustrates the power struggle between employee and employer, which is mainly about working conditions. French unions have lost a lot of representation in small and midsize corporations. Their presence in multinationals has also dwindled significantly, so employees are now often alone in an uneven power struggle. Remember that being an employee in France is by definition to be a subordinate, following le lien de subordination. This leaves little room for disagreement and confrontation. It is true that French employee status is heavily protected, but mostly this covers only causes and procedures for dismissal. Thus there is a fine line between passive job security and the risk of being dismissed for challenging an employer’s authority.

To balance this uneven relationship, employees often have recourse to sick leave. It may be the only way to disrupt the employer’s organization enough to force changes that benefit the employee. It is a way, in fact, to limit employers’ strength. An employee on sick leave cannot be fired for that reason and must be replaced with a temp. Temporary employment costs more and disrupts the organization. If the employee gets the sick leave certification renewed by the doctor several times, it aggravates the employer’s situation.

Calling such sick leave fraudulent is a serious accusation against the medical profession. In fact, the way I have described such leave above could be read as lying about an illness and making a medical doctor an accomplice to a fraud. But doctors exist to treat medical conditions. While completely fake sick leave may sometimes happen, and crooks are now operating criminal schemes, I believe the French government is slandering the French medical profession by proposing this legislation. Deplorable working conditions can lead to burnout, which is a medical condition. Here is what is at stake: Employers claim that employees get sick leave too easily when their conditions do not warrant it. Employees argue that what employers consider “normal working conditions” these days are in fact toxic environments in which it does not take long to reach burnout.

The reason the government is putting forward budget measures on this issue is that an employee on sick leave no longer gets a salary but instead is paid by Assurance Maladie as part of the French social safety net. Therefore, being put on sick leave costs the administration money. But it is clear that the measures now proposed are motivated by employers’ desire to make it much harder to take sick leave. The most likely way is to force doctors to detail the grounds for issuing sick leave (which would pose a risk of violating the medical obligation to protect a patient’s privacy) and increase scrutiny by the in-house doctors of Assurance Maladie, making it easier for them to contest the validity of such leave.

The government’s plans may give the opposition and the unions an opportunity to address the real problems: poor working conditions, stagnation of salaries and the possibility of abuse when employees work remotely. Given the feisty tone of the French parliament and the unions’ current ability to mobilize people to strike and demonstrate in the streets, France may well experience another round of massive unrest lasting for quite a while. The government’s proposals have all the ingredients to make this happen.

While waiting for legislation law to be passed, Assurance Maladie is already reviewing the records of general practitioners and issuing summons to those it believes are issuing sick leave too often or for what the authorities think is too long. Doctors reply that even if, medically speaking, an absence did not need to be so long, the delay comes from laboratories and other technical places, which are overbooked. In any case, the fight has started and should make headlines before long.

www.lemonde.fr/societe/article/2023/08/01/le-gouvernement-a-l-offensive-contre-les-arrets-de-travail-de-complaisance_6184043_3224.html

WHAT DOES IT MEAN TO BE A GOOD MOTHER WHEN ONE LIVES ON A DIFFERENT CONTINENT WORKING AS A NANNY?
I received the message below from a Filipina when she was living in France, at a time when she had secured a good job and her own place.

A young mother being a nanny far from home
1 – Hong Kong What was I doing, me a Filipina, in this maid’s room in Honk Kong, crying all the tears of my body and of my soul? In my country, in my generation, a girl dreamed of getting married, having children, and raising a family, everybody under the same roof. So I was a newlywed, I was also the mother of a newborn son, and I was stranded in this foreign country, being the maid, the nanny, in short, the servant, taking care of someone else’s newborn. What went wrong in my life? No need to explain that there are millions of women throughout the world who have experienced this hardship; we rarely have the chance of living our dreams even when they are reasonable. Loneliness is just a word; it does not describe this feeling of a hole growing inside, freezing everything, making life numb, which the young mother feels when the newborn is torn away from her. Loneliness is just a word; the newlywed misses her husband, and it hurts everywhere, the body and the soul feel shredded. Double loneliness, I was not the first one, but the first cut is the deepest, and it felt like it was the end of my life. I had just turned 20! I ended up getting to this new life with a heavy heart. Saw my family once a year and made a life in Hong Kong. It lasted 16 years. By the time I left I had created a Filipino fellowship with my employer’s help, which was in effect a church of its own. I felt like a phoenix when I looked back at all those years spent there.

2 – Paris
My last employer in Hong Kong had been assigned to a job in Paris so I traveled with them, with a three-month tourist visa. I trusted them. I had always trusted my employers and it did me good. Sitting in that plane, this new experience excited me more than it scared me. I thought I knew what I was getting into.

My comment
This statement touches on an issue that is rarely addressed. Nannies are often young women, almost always mothers themselves. They earn money by taking care of other people’s children, which means they cannot take care of their own.

Two situations can be identified:
1 – In the one described above, the children grow up barely knowing their mother. They live so far away that they only see her a few times during their entire schooling. The mother’s feeling of guilt goes deep and the pain is immeasurable.

2 – In some cases, nannies go to work and their children are waiting for them at home. After the workday, they revive the bond with their children. But they can be with them only a few minutes, either at the beginning or the end of the day, but seldom both.

Both situations are painful. The first and most destructive pain, which such women live with for the rest of their lives, is that they consider themselves bad mothers who have abandoned their children. It does not matter who is taking care of their children (usually their own mother or another close relative). At least when the mother and children live altogether, the bond linked to a personal presence is still there when they go home after work.

In both cases, the women wrestle with this dilemma: “Why am I taking care of someone else’s children when I should be taking care of my own?”

There is a glimpse of such situations in the movie The Help. Personal issues of maids and nannies with similar stories come up repeatedly.

WIKIPEDIA
The Help is a 2011 period drama film written and directed by Tate Taylor and based on Kathryn Stockett’s 2009 novel of the same name. The film features an ensemble cast, including Emma Stone, Viola Davis, Bryce Dallas Howard, Octavia Spencer, Jessica Chastain, Allison Janney and Sissy Spacek. The film and novel recount the story of a young white woman and aspiring journalist Eugenia “Skeeter” Phelan. The story focuses on her relationship with two black maids, Aibileen Clark and Minny Jackson, during the Civil Rights Movement in 1963 in Jackson, Mississippi. In an attempt to become a legitimate journalist and writer, Skeeter decides to write a book from the point of view of the maids, exposing the racism they face as they work for white families. Black domestic workers in 1960s America were referred to as “the help”, hence the title of the journalistic exposé, the novel and the film. The Help brings to light the challenges and discrimination that African American people faced.

Filipinas have become the maids and nannies of the western world. Each one tries to support the rest of her family and pay for a good education for their children. This situation has become so commonplace that its scope has caused a global outcry.

THE FRENCH RIOTS IN JUNE MADE HEADLINES IN THE USA
It is vividly clear that the media lives on sensationalism when French unrest makes the news in the USA. Everybody showed the same scary images of cars and buildings on fire, implying that there was civil war in France. I would like to ask a basic question: “When has France not been rioting or demonstrating since 1900?”

The reason for the latest unrest can be compared (with a French twist) to the American protests over George Floyd’s death in 2020 in that a man with a criminal record is killed by a police officer using extreme force: in this case, shooting a young man who was in a car.

Many people sought to identify the origins of the disconnect between the police and the French population of second- and third-generation immigrants.

1962 marked the end of the Algerian war of independence and was a turning point in French immigration history. There was a massive wave of Algerians moving to France. Most were young men, in demand by French employers as manual labor. They had wives, and their children were born in France or came to the country at a young age. That second generation, as well as the third one, had a hard time adapting to French society, unlike previous waves of immigrants.

One early sign of this growing problem was the “Marche des Minguettes,” from October 15th to December 3rd of 1983. This national walk from Lyon/Vénissieux to Paris resulted in the creation of a non-profit called SOS Racisme. “Touche pas à mon pote” (Hands off my buddy) became the group’s official slogan in 1985.

An earlier sign occurred during the 1980 presidential election campaign. On prime-time TV, on March 19th, singer Daniel Balavoine confronted candidate François Mitterrand about the growing violence and anger this population was experiencing.

A further indication came in the movie La Haine (Hatred), for which Mathieu Kassovitz won the best director award at the 1995 Cannes Film Festival. I could add many more recent events. I believe that this is enough to show that this has been coming for a very long time.

To sum up, the current situation that led to the riots is that some French citizens, often for more than a generation, do not feel that they are treated like French citizens, especially by the police. That is the main point of comparison with the demonstrations linked to George Floyd’s death.

SHIP WELCOMES ITS SECOND TENANT IN SEPTEMBER 
The second tenant of the Survival Home in Paris (SHIP) is to move in on September 15th. This renter fits the profile I had in mind. There is no need to address an immigration issue. The person was one of the candidates who contacted me early April. They should rent the studio until the end of 2023 and possibly beyond. I am now welcoming enquiries for rental starting in January 2024 or later. Depending on what happens this fall (there may be another increase in electricity prices), I may have to increase the rent amount. Also, the Olympics will make rental rates shoot up in Paris. The monthly rent will increase to 1,400€ for leases starting in 2024.

Best regards,

QUESTION

THE SELLER IS BULLYING THE BUYER

My French boyfriend and I are buying a house in the countryside. This house is fantastic, but the seller and the real estate agency are not. I used to deal with lawyers when I bought properties in the USA, but I knew nothing about buying real-estate in France. So a friend advised me to have our own notaire and I see the difference it makes dealing with the sellers. Yesterday morning I approached the real estate agency with several questions and with a desire to streamline all exchanges concerning the setting of a date for signing.
We all agreed on having a visit of the house before signing, so we would be reassured of its good condition and cleanliness (at least a minimum). This is what the presale contract stipulated. Now there was a big difference of opinion about this visit. When we signed the presale contract, it stated that the visit should occur well in advance of the day of the closing to leave time for the owner to react and fix things that don’t fit.
The owner, through the agency, asked if it was okay with us for them to leave stuff in the workshop for a week or more, maybe the entire summer, as they are finalizing the purchase of their new place after the closing and there is a small conflict of schedule on their side. Also, the inspection of the house was scheduled in the morning just before the 2 p.m. closing, leaving no room for us to do anything if the place does not comply with the terms of the presale contract.
Do you have any advice? We feel trapped and bullied. We’ve already firmly refused their request to store their stuff in the workshop!

QUESTION

RENEWING A FRENCH BUSINESS IMMIGRATION STATUS WITHOUT HAVING A FRENCH BUSINESS

About a year ago, I got my business visa to move to France. I settled in Paris and I am doing well; business is good. Before leaving the USA, I moved my LLC to Delaware for tax reasons and it did me good since my sales have continuously gone up since I arrived in France. I was told when I registered my visa that I should be looking to renew it two months before its expiration date. I looked at the list I found on the internet and it must be wrong, so I am looking for the one that fits my situation. It asks for French bank statements, and I do not have a French bank account and an INSEE registration and I have no idea what it is. So do I need to book an appointment just in case before I find the right list to renew?

There’s something happening here
But what it is ain’t exactly clear
There’s a man with a gun over there
Telling me I got to beware
I think it’s time we stop
Children, what’s that sound? 
Everybody look, what’s going down?
There’s battle lines being drawn
Nobody’s right if everybody’s wrong
Young people speaking their minds
Getting so much resistance from behind
It’s time we stop
Hey, what’s that sound? 
Everybody look, what’s going down? 
What a field day for the heat (Ooh ooh ooh) 
A thousand people in the street (Ooh ooh ooh) 
Singing songs and they carrying signs (Ooh ooh ooh) 
Mostly say, “Hooray for our side” (Ooh ooh ooh) 
It’s time we stop
Hey, what’s that sound? 
Everybody look, what’s going down? 
Paranoia strikes deep
Into your life it will creep
It starts when you’re always afraid
Step out of line, the men come and take you away
We better stop
Hey, what’s that sound? 
Everybody look, what’s going down? 
You better stop
Hey, what’s that sound? 
Everybody look, what’s going down? 
You better stop
Now, what’s that sound? 
Everybody look, what’s going down? 
You better stop
Children, what’s that sound? 
Everybody look, what’s going down? 

Wikipedia
“For What It’s Worth (Stop, Hey What’s That Sound)” (often referred to as simply “For What It’s Worth”) is a song written by Stephen Stills. Performed by Buffalo Springfield, it was recorded on December 5th, 1966.

I believe that I heard this song for the first time played by Crosby, Stills, Nash & Young, and discovered Buffalo Springfield much later.

Clearly, I really liked the reference to the noise heard. It is obvious to me that there are a lot of things in common between the Civil Rights era and what is happening today in the USA when it comes to demonstrating, political gatherings, divisiveness and so on.

More generally, immigrants frequently experience frustration and discouragement for all kinds of reasons. Lack of security, including just the feeling that bad things could happen, is widespread. To be able to help them, I usually need to debunk their fears about a lot of things, such as being deported.

For what it is worth! At one point, one has to say that it was worth it. It meant going after dreams, personal goals. In the eyes of many it might not look like much. For them, it was not worth the effort. “For what it is worth, it was worth it for me.” This is what I like to hear. Immigrants often never regain the social status or comforts that they had in their home country, but many tell me nevertheless that it was worth it. Let’s leave it at that.

DEMONSTRATING WITH COOKWARE AGAINST PRESIDENT MACRON

Wikipedia
A cacerolazo, cacerolada or casserole is a form of popular protest which consists of a group of people making noise by banging pots, pans, and other utensils to call for attention.

The first documented protests of this style occurred in France in the 1830s, at the beginning of the July Monarchy, by opponents of the regime of Louis Philippe I of France. According to the historian Emmanuel Fureix, the protesters took from the tradition of the charivari the use of noise to express disapproval and beat saucepans to make noise against government politicians. This way of showing discontent became popular in 1832, taking place mainly at night and sometimes with the participation of thousands of people.

…One of the largest and most recent cacerolazos occurred in Argentina during 2001, consisting largely of protests and demonstrations by middle-class people who had seen their savings trapped in the so-called corralito (a set of restrictive economic measures that effectively froze all bank accounts, initially as a short-term fix for the massive draining of bank deposits).

Since President Emmanuel Macron’s speech on Monday, April 17th, official outings by government members have been greeted by “casserole concerts.” These demonstrations have been peaceful, with the police keeping demonstrators far away from the visit sites. But the protesters make so much noise that it affects the visit anyway. It is also audible when news outlets cover the events, drawing even more attention to such protests. President Macron’s reactions indicate that this is an effective way to protest, as it diminishes his efforts to get close to people and seem attentive to them by making such visits. It will be interesting how the French government handles this form of demonstration.

Earlier, during more traditional demonstrations on the streets of Paris and other major cities, the police arrested people possessing anything that could be used as a weapon, including scissors, rulers and so on. So far, pots and pans have not been considered potential weapons, thus limiting the actions of the police, as these are considered peaceful demonstrations.

The casserolades are an old tradition in French political life and a type of protest used almost exclusively in Latin countries.

THE PARIS APPEALS COURT UPHOLDS FORMER PRESIDENT SARKOZY’S JAIL SENTENCE
On Wednesday, May 17th, the Paris Court of Appeals upheld the sentence of former president Nicolas Sarkozy in the so-called Bismuth case, involving corruption and influence peddling. The new ruling was more severe than that sought by the prosecutor, who had asked for only a suspended sentence. The former president’s sentence is now three years, of which two are suspended and one will be spent under house arrest with an electronic monitor. He was also banned from politics for three years.

If one were to compare the US and French judicial systems, it might appear that the French system took too long to reach this ruling, especially knowing that the former president will appeal it to the French Supreme Court. The legal proceedings in the case started in 2014.

Mr. Sarkozy is linked to eight other cases that are still pending, and is expected to be charged in some of them. The common sense opinion that I often hear and like quite a lot is that the Bismuth case shows that French democracy worked reasonably well in the past ten years to reach this result. Another comment I have heard is that even though the French judicial system is less independent than the American one, through the years it has shown that it can function fairly independently. I remind my readers that the government nominates all judges, that their careers depend on government decisions and that the prosecution strictly obeys the Garde des Sceaux, the French equivalent of attorney general or justice minister, who in turn obeys the prime minister and president.

CELEBRATING FRENCH LABOR DAY ON MAY 1st
The history of Labor Day
On May 1st, 1886, hundreds of thousands of American workers went on strike to demand an eight-hour workday. The unions had begun working toward this demand on May 1st, 1884. The date of May 1st was chosen because it was the first day of the accounting year for many companies.

A bitter victory
After the 1886 strike began, violent clashes broke out. In Chicago, a worker was killed on May 3rd and on the following day in Haymarket Square a bomb killed seven policemen. Eight workers were convicted of murder, of whom four were hanged and another committed suicide in jail. The three survivors were later pardoned due to uncertain evidence.

On May 1st, 1890, French unions commemorated these events by demonstrating in the streets to ask for an eight-hour workday. May 1st became a national holiday in 1948. The day is so protected by French law that any employee who is required to work that day gets three times the normal wage. Over the years, the holiday has been celebrated in various ways but it always ends with people marching down one of the large avenues or boulevards in Paris and most other cities in France.

Wikipedia
International Workers’ Day, also known as Labor Day in some countries and often referred to as May Day, is a celebration of laborers and the working classes that is promoted by the international labor movement and occurs every year on 1st May, or the first Monday in May.

Traditionally, 1st May is the date of the European spring festival of May Day. … The 1st May date was chosen by the American Federation of Labor to commemorate a general strike in the United States, which had begun on 1st May 1886 and culminated in the Haymarket affair four days later. The demonstration subsequently became a yearly event.

This year
The French people have a well-deserved reputation for demonstrating often and for what may seem to be futile reasons. The French media, police and unions scrutinize the number of people attending demonstrations to evaluate the unions’ popular support in their efforts to twist the arms of the government and sometimes employers. Therefore, weekly demonstrations, large crowds in the streets and substantial damage by thugs do not shake the government. The current crisis regarding the French presidency has deeper roots, illustrated by the fact that President Macron, not the government as such, is attacked and slandered personally during the demonstrations.

The French title of the American movie Airplane! (known in some countries as Flying High!) has become a common French expression: “Y a-t-il un pilote dans l’avion?” conveys the impression that there is no leadership, that an organization is going astray. I increasingly hear this kind of comment regarding Mr. Macron. Even before May 1st, he was a hated president. His approval rating was just 32% in late May, although that was a slight improvement from earlier in the month.

I hear a lot of people questioning whether he is capable of leading the country when a majority of the French deny him the authority to lead. During his first term, there were also violent demonstrations, notably during the gilets jaunes movement. But few people then felt that there was a vacuum in the French presidency. The president was implementing a policy and had sufficient support, possibly because the policy had some merit.

Many have predicted that if the French government cannot get the legislative job done through negotiation, it will end up in gridlock. I believe we have reached that point.

FRENCH BANKING AND AMERICAN CITIZENSHIP
Ever since the FATCA regulations went into full effect, American citizens have had a hard time opening bank accounts in France and most other countries.

Recently one of my American clients, who is a partner in a French corporation, asked a French expert-comptable (the equivalent of a CPA) which bank that firm worked with. I had explained that French banks’ secrecy rules prevent anybody who is not the client or another signatory on the account, or an authorized member of the French administration, from obtaining account information. But accountants work with their clients’ bank statements, so the French accountant in question mentioned a couple of banks specializing in the small business market.

That advice was exactly right – for a French client. But this client is an American citizen, and the banks mentioned, like all others, evaluate the issues they face, and having American clients is a major one. Being able to tailor services to the needs of small businesses does not really enter their evaluation. The partners in this client’s French corporation are having serious problems opening an account. France’s favorable banking legislation applies exclusively to private individuals residing in France. This means the partners could each open an account following the Banque de France procedure, but the business might not be able to do so.

I see a growing number of Americans organizing their life in France without even opening a French SEPA bank account. Many are so discouraged by what they hear that they do not even try. In the old days, when one went to renew any immigration status at the prefecture, the civil servant asked to see monthly statements from a French bank account. If there were only American ones, the file was not even reviewed until, ideally, the applicant explained their lack of compliance with the law, sometimes writing a letter describing their situation. If such cases were properly handled, with sufficient contrition, the prefecture would give a three-monthrécépissé and a new appointment to submit an updated file, preferably with a couple of French bank statements.

Now that many immigration procedures are completely online, the review is apparently more lenient regarding this matter. It would appear that one can submit three months of American credit card and bank statements showing spending done in France to have the visiteur status renewed. I would take this statement with a grain of salt; it is what is being said in the expat community, but I do not yet have proof. Still, I believe it is possible that several Americans have been able to renew their immigration status this way. The Paris prefecture shows significant leniency toward Americans in such matters. Nevertheless, exercising leniency is not the same as applying a new regulation issued and signed by the proper authority.

I understand why so many are choosing this option. But I still advise everyone to do whatever it takes to get a SEPA bank account, especially now that banks like the Belgium-based Wise Europe and some German online banks are more readily accepting American clients.

A MESSAGE I RECEIVED FROM AMERICAN EXPRESS FRANCE 
I have no intention of advertising for this company. I just hold their debit card and thus, as one of their clients, received the message below. Of course, they are communicating in their own best interest. At the same time, I find it interesting that the message primarily details the obligations French businesses have regardless of size. So here is my translation of it.

We remind you that:
– The use of your American Express Business Card is for business expenses only.
– Your American Express Business Card must be linked to your Business Bank Account.

With your American Express Business Card, your administrative management is simplified:
– Your detailed monthly statement of expenses can be accessed on your computer or tablet, or from your smartphone.
– You can export this data to Excel® in just a few clicks, to facilitate accounting reconciliation.
– Access your expense history for 10 years at no additional cost.

In addition, to simplify the management of your employees’ expense reports, equip them with additional American Express Professional Cards to centralize all their expenses in a single card account. These expenses will then be debited to the company’s bank account.

Depending on the status of your company, you may be required by law to record all your business transactions in a business bank account and thus keep independent accounts.

USE OF FRENCH REAL ESTATE MUST BE DECLARED BY JUNE 30th 
Reminder, the French tax office requires owners of property located in France to file about the use of each property by the end of June.

Even for non-French residents, the procedure is quite simple, since the tax office has created accounts usingtaxe foncière and taxe d’habitation information. Problems can arise when these taxes are issued to a corporation, such as an SCI or an LLC, which means the private individual who uses the place and owns the corporation is not registered as the owner. There is a 150€ fine per property for defaulting on this obligation.

www.impots.gouv.fr/particulier/questions/quelles-informations-sont-declarer-le-nouveau-service-en-ligne-gerer-mes 
www.impots.gouv.fr/formulaire-de-creation-dacces-lespace-particulier-non-residents

SHIP WELCOMED ITS FIRST TENANT IN MAY
The first tenant of the Survival Home in Paris moved in on May 5th. This renter exactly fits the profile I had in mind. Their VLS-TS visa request was processed with the rental contract. The initial procedures are done using the rent receipts. So far we have the studio rented through August 2023 with confirmed tenants and I have candidates for a rental after that. It may even be rented until the end of 2023.

OFFICE CLOSED FOR SUMMER VACATION 

The office will be closed for six weeks over the summer holidays, starting on Friday, July 7th, in the evening and reopening on the morning of Monday, August 21st. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Of course, Sarah or I will honor prefecture meetings already scheduled, as well as a couple of other engagements.

Best regards,

QUESTION

SELLING REAL ESTATE WITH A FLAW IN THE TITLE

I am contacting you with a rather urgent question. I bought an apartment in 2005 with the landing toilet annexed and integrated into the apartment by a former owner. The right to use it was approved in 2001 and she recently told me that the work had been done several years before that. Thanks to the current syndic, I now have the minutes of this 2001 General Meeting granting her the usage of the WC.
Now I wish to sell it and the notaire in charge of the transaction is blocking it for two reasons:
(i) The right of usage mentioned in the minutes is nominative. Therefore it was not transferred to me when I purchased the apartment.
(ii) There is no trace of any purchase of this common area, which is now part of my apartment.
His position is that I cannot sell something that I do not own!
So my only choice is to either get the co-ownership to grant or sell me the right to use my WC or to purchase this portion of the common area that is located inside my apartment. I have been living there for almost 20 years and this feels like insanity.
I cannot wait for the 2024 general meeting, and if I ask to convene an exceptional general meeting to approve one of these two solutions it might cost up to 3,000€. Indeed I must pay in full all the costs related to holding this meeting and it might occur in a couple of months at best. I am sure I will have lost my buyer by then. Help me get out of this insanity.

QUESTION

PROCEDURE FOR THE SPOUSE OF A PASSEPORT TALENT HOLDER

I am contacting you with a rather urgent question. I bought an apartment in 2005 with the landing toilet annexed and integrated into the apartment by a former owner. The right to use it was approved in 2001 and she recently told me that the work had been done several years before that. Thanks to the current syndic, I now have the minutes of this 2001 General Meeting granting her the usage of the WC.
Now I wish to sell it and the notaire in charge of the transaction is blocking it for two reasons:
(i) The right of usage mentioned in the minutes is nominative. Therefore it was not transferred to me when I purchased the apartment.
(ii) There is no trace of any purchase of this common area, which is now part of my apartment.
His position is that I cannot sell something that I do not own!
So my only choice is to either get the co-ownership to grant or sell me the right to use my WC or to purchase this portion of the common area that is located inside my apartment. I have been living there for almost 20 years and this feels like insanity.
I cannot wait for the 2024 general meeting, and if I ask to convene an exceptional general meeting to approve one of these two solutions it might cost up to 3,000€. Indeed I must pay in full all the costs related to holding this meeting and it might occur in a couple of months at best. I am sure I will have lost my buyer by then. Help me get out of this insanity.

“Throw Down the Sword” is the last song on Argus, the third album by the British rock band Wishbone Ash, released on April 28th, 1972. The album is medieval themed, particularly the second side.

Throw down the sword,
The fight is done and over, 
Neither lost, neither won. 
To cast away the fury of the battle
And turn my weary eyes for home. 
There were times when I stood at death’s own door
Only hoping for an answer. 
Throw down the sword, 
And leave the glory
A story time can never change. 
To walk the road, the load I have to carry
A journey’s end, a wounded soul. 
There were times when I stood at death’s own door
Only searching for an answer.

I have been a fan of this band since the summer of 1978 and I believe I own most of their albums. Their eclectic style of music is grounded in twin lead guitar harmonization. Wishbone Ash is one of the few bands I have never stopped listening to. I believe it is one of the most underrated British bands. I see them as a musical transition from 1960s rock ’n’ roll to heavy metal as played by Black Sabbath.

The song’s metaphoric image is about stopping violence. Regardless of the reasons, good or bad, for opposing a government policy or a court ruling, there should not be a high level of violence in the USA, France, or anywhere else. I feel like we are surrounded by media talking about violence linked to almost everything. There is no point in listing any of the issues even if some of them have major consequences in both France and the USA.

Here I am talking more about the French situation, as both the level of violence and what is at stake seem important to me, and the outcome is totally uncertain. I have noted in virtually all my columns for a year or so that France is now in completely uncharted political territory, in which not only does the president lack a majority of parliamentary votes, but no party has a clear majority in the National Assembly. I have seen posts on Facebook expressing serious concern about moving to France. I fully understand this concern, and clearly a lot of people in France are inconvenienced by the current strikes, gas stations running dry and trash cans overflowing, not to mention spontaneous demonstrations featuring fights with police when they show up to disperse the protesters.

As I explain below, I doubt this unrest will last very long, so visitors’ French vacations in July or August should be fine.

As for everybody throwing down the sword and resuming polite and respectful discourse, who knows when this will happen, if ever.

CONFERENCE ABOUT AMERICAN NATIONALITY SPONSORED BY AAWE & AARO 
AAWE and AARO are two major non-profit associations in France assisting, guiding and supporting the American expat community. There are also many smaller groups, many of them doing business networking. Until 2000, I regularly attended one organized by Elizabeth de Vulpillières, who died in the spring of 2003. I have been active with the two major groups for a long time. They put on valuable conferences. I make a point of attending the ones about American citizenship, the latest of which was held on March 14th.

In earlier years when I had two minor children, a change in the law could affect their ability to transmit their American citizenship to their children. Now that they are both adults, I have more of a general interest, since I am asked to help American citizens who may be faced with similar issues. Knowing that these two associations exist can be the first help in providing proper guidance on what to do at the American Embassy.

So I want to thank AAWE and AARO once again for their unceasing efforts to improve and facilitate the lives of American citizens residing in France. Their powerful lobbying efforts have an impact on the lives of Americans outside the USA. The COVID pandemic forced them to put their conferences on hold. I am happy they are back.

A CRISIS IN THE FRENCH REAL ESTATE MARKET
Experts on the real estate market in the expat community in France regularly analyze what is going on and trends in the market. Almost everybody agrees there is a crisis because interest rates are rising faster than property prices are falling. One lesser-known reason is that banks have put a rapid and extremely harsh squeeze on issuing mortgages. The number issued dropped by 48.70% from February 2022 to February 2023.

French banks have never issued mortgages readily, asking for a lot more guarantees than in the USA. The problem today is that the interest rate in February was 2.82%, compared with 2.61% in January. The European Central Bank is said to be considering another increase, which would push the rate above 3%. It has already risen steadily for the past 14 months. French banks believe the rates should be rising faster, as interest on loans issued today will soon be below the inflation rate and banks will lose money on them as long as this situation persists.

REFORMING THE FRENCH PUBLIC RETIREMENT SYSTEM
French news outlets, along with much of the rest of the world’s media, have recently been showing photos of trash left on sidewalks in Paris and other cities, stacked up two meters high and turning streets into open-air garbage dumps, along with demonstrations occasionally resembling riots, as if there were a civil war.

I agree that French political life is currently unsettling. There is a lot of spontaneous anger expressed in the streets of cities throughout France. The media sensationalizes such events because they sell, and they raise audiences’ emotional level. But the garbage trucks are starting to return, and the demonstrations and violence will eventually stop. The real question now is what will make them go back to work, aside from the severe financial burden that continuing to strike imposes?

If there are huge numbers of police in the street, with many people arrested and kept in jail for a day or two, it may dissuade people from demonstrating. French unions know when to stop a strike, so there will be no breaking point on their side. The real damage will come during the next elections, which will start no later than the spring of 2027.

The true outcome of all this is a deep disconnect between President Macron and the French people. The margin by which the no-confidence vote on the retirement reform failed in the National Assembly, after the government forced through the reform under constitutional Article 49.3, was just nine votes. This, known as a reverse vote, was effectively the definitive vote in favor of the reform: Since the National Assembly did not force the government to step down, the law is considered approved.

But there is a growing sense that there could be a National Assembly election much sooner than 2027. The opposition parties now have every reason to stir up chaos. This could force President Macron to dissolve the assembly, triggering new legislative elections. If the voters’ anger is strong and long-lasting enough, a new election could result in the president lacking sufficient representatives to keep one of the two current opposition groupings from achieving a clear majority.

Then there would be what is called cohabitation, which has happened a few times. It obliges the president to stop conducting French policy and let the prime minister do it. All things considered, in such circumstances the French political regime looks more like the British system. President Macron could quickly find himself caught between a rock and a hard place.

WHY THIS UKRAINIAN CITIZEN IS NOT SEEKING REFUGEE STATUS 
Sometimes what appears to be the obvious best choice ends up being a bad one. A foreigner finishing a complete cycle of studies with a master’s degree is ready to get work and start a career. French law requires several documents to obtain the necessary carte de séjour. But being Ukrainian could make it particularly complicated to obtain some of the documents needed. It can appear to be a daunting project, with the possibility of a negative decision if the file is not good enough.

Compounding the situation is the idea that, right now, with a Ukrainian passport it is easy to get political refugee status. I could discuss at length how inaccurate this statement is. Applicants must prove they are in danger to get this protection. After living five years in France, it would be hard to prove he fled the country seeking asylum. Protecting the person so he can stay in France and not be sent back involves different legal grounds. On those grounds, the so-called good advice is not good.

I would like to add another point, which is even more important. This person made a personal choice years ago to become a student in France and now wants to start a career. What kind of dynamic would be created by an immigration procedure based on the war in Ukraine? I believe it would lead to a lot of bad emotions and feelings. This could damage the mindset and reduce the energy needed to start a career.

On the other hand, choosing what could appear to be a much more difficult and challenging immigration procedure, if it succeeds, means starting his new life proud and strong due to these scholastic successes. He can say, “I got this job on my merit.” To take this even a step further, it would be possible for him to go for the best, fearless of the competition.

Indeed, this person would have an advantage over other immigrants, who must play it safe because losing their job or failing at their new business would jeopardize their right to stay in France. It is unfortunate that a war or other military conflicts are likely to continue in Ukraine, but it means this person need not fear failure, because it would not affect their right to remain an immigrant in France: French law does not allow such a foreigner to be sent back to a country at war.

This situation illustrates a few important things.

1. The obvious best choice should always be reviewed. It must be taken with a grain of salt.

2. There are laws and there are human beings. Being an immigrant has everything to do with a state of mind, having hope, pursuing a goal, and feeling confident and respected.

3. Almost always, choosing the harder way builds security and long-lasting rewards because it makes for a stronger integration status.

In cases like this one, the path of least resistance is the wrong choice.

FRENCH INCOME TAX DECLARATION TIME IS LOOMING
On a more mundane topic, I would like to remind everybody that the paper version of the 2022 income declaration must be filed in France by midnight on May 22nd, 2023. The declaration forms will be available at www.impots.gouv.fr on April 6th. You can start filing your declaration on April 13th on the same website. To do so, you need your tax ID number (numéro fiscal) and a password.

If you are making your first income declaration to the French tax office, you should do so using the paper form and checking the “first-time” box on the form (CERFA #2042) where it says Vous déposez une déclaration pour la première fois cochez (“Check here if this is your first declaration”). It is possible to get the tax office to give you the information needed to declare for the first time electronically, but I tend to advise against it because using paper documents makes it much easier to see and understand how the system works.

Note that the deadline for online declarations is later than that for paper declarations. The schedule depends on your postal code:
• Départements 01 to 19 must file by midnight on May 25th.
• Départements 20 to 54 by June 1st.
• Départements 55 and up by June 8th.

Reminder: if you are self-employed in France, the quarterly declarations sent to URSSAF do not constitute income tax declarations, which must be sent to the tax office. Many foreigners are under the impression that the quarterly declarations are their only fiscal obligation.

You are a French fiscal resident if you:
• stay in France 183 days in a calendar year, whether you have legal immigration status or not
• have immediate family members (spouse and/or minor children) who are living in France and therefore are French fiscal residents
• have a French employer
• run a French business, even something like tutoring schoolchildren in English.

Occasionally you may have a year with no tax owed to France, either because you only had foreign income not taxed in France or because your taxable income is too low. Then a problem can arise if the prefecture wants to see your income tax bill (avis d’imposition sur le revenu), as happens with many types of immigration status.

Unlike in the USA, filing is a two-step process. The income declaration is sent in, with no payment attached. Then, starting in August, the tax office issues the avis d’imposition sur le revenu based on the declaration, and the deadline to pay the income tax is September 15th.

Many organizations in France, in both the public and private sectors, may require you to furnish an avis d’imposition. For example, the Caisse d’allocations familiale (family subsidy bureau) uses this document among others to decide if applicants deserve aid and, if so, how much.

THE STATUS OF THE TAXE D’HABITATION AND SO-CALLED TV TAX 
So much misunderstanding exists regarding the taxe d’habitation, especially because since January 1st, 2023, all owners of French real estate have been obliged to submit a report by July 1st, 2023, on how the property is used. I believe this is correlated with the phase-out of the taxe d’habitation, and nearly everybody agrees. Started in 2018, the process of phasing out this local tax, at least in part, comes to an end in 2023. French residents will no longer pay the tax on their primary residence. It will still apply to secondary residences.

The taxe d’habitation was linked to many incorrectly call the French TV tax. Its legal name was changed from redevance télévisuelle to contribution à l’audiovisuel public or CAP. It was the way France funded its public TV and radio networks. The CAP was abolished in the amended budget law No. 2022-1157 passed on August 16th, 2022.

Add it all up and the weird new property declaration makes a lot more sense. The only remaining local tax linked to residents is the taxe d’habitation on secondary residences. If you claim a secondary residence, especially in Paris, City Hall immediately assumes it is being used for short term vacation rental. So while the new declaration, coming out of nowhere, could have seemed like Big Brother in the shape of French administration was invading one’s privacy, it is just the normal adaptation to changes taking effect between 2022 and 2023.

THE SHIP STUDIO IS NOW RENTED UNTIL SEPTEMBER 1st 
After having had a few friends and family members stay in the SHIP studio, we have now started professional rentals. Early on, I asked my son, Eric, to sculpt a stele representing a tall ship. As the weather gets warmer and the studio is now occupied, I often think of the SHIP sculpture to come. Given his workload, I know I must wait until his summer vacation.

OFFICE CLOSED FOR SUMMER VACATION 
The office will be closed for six weeks over the summer holidays, starting on Friday, July 7th, in the evening and reopening on the morning of Monday, August 21st. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Of course, Sarah or I will honor prefecture meetings already scheduled, as well as a couple of other engagements.

www.impots.gouv.fr/formulaire-de-creation-dacces-lespace-particulier-non-residents

Best regards,

QUESTION

IS THE NEW REAL ESTATE DECLARATION OVERREACHING?

The notice of property registration for every(?) property in France is interesting. It reminds me of what a Dutch friend said a few years ago, regarding EU governments:“They want your money and they will take it…or they will take your house…or they will take…you.”Perhaps it is time to explore other options…Morocco? Nice weather, nice people, good food, smaller government? etc.I thought that the communist Paris mayor had ended the daily holiday rentals years ago with her heavy fines and police state inspections?(BTW, I personally would never stay at an Airbnb for the simple reason that my standards of cleanliness are probably higher than any Airbnb would offer!)I do not want Airbnb rentals in any building that I live in!

QUESTION

THE NEED FOR A SOCIÉTÉ DE DOMICILIATION

I wanted to move to France as a consultant and the immigration lawyer who helped me while I was living in Texas did everything without explaining anything. I later found out that I have signed a contract with a société de domiciliation. I work from home and I meet my clients where they work and, even more often lately, remotely. He explained to me that the visa procedure demanded it. Now that I am in Paris, my lawyer told me to register my business using the address of this corporation, but I have yet to understand what services it is offering, as I see none that I need. Can you explain?

WIKIPEDIA
“Mr. Smith Goes to Washington is a 1939 American political comedy-drama film directed by Frank Capra, starring Jean Arthur and James Stewart, and featuring Claude Rains and Edward Arnold. The film is about a newly appointed United States Senator who fights against a corrupt political system.”

As a French equivalent, I would choose Le Président, a 1961 political thriller directed by Henri Verneuil and based on Georges Simenon’s novel of the same title, though with an altered ending. It tells the story of a French prime minister (Jean Gabin), who has toiled all his life for the national good. He is betrayed twice by an opportunistic younger politician (Bernard Blier) but gets his revenge in the end.

I have been following what is happening in French and American politics. It made me think of these movies, which, by contrast with what is going on now, are idealistic and uplifting rather than depicting what I think is the reality of politics around the world. I doubt that any real political system has ever been as good as what these movies show. But the French movie could be considered a kind of biopic of Georges Clemenceau:

WIKIPEDIA
“Georges Benjamin Clemenceau (28 September 1841 – 24 November 1929) was a French statesman who served as prime minister of France from 1906 to 1909 and again from 1917 until 1920. A key figure of the Independent Radicals, he was a strong advocate of separation of church and state, … as well as opposition to colonization.”

Both movies, in their way, address corruption, greed and self-interest. They also reflect a belief that good wins in the end because ethics transcends opposition along party lines. Even so, the reality was murkier. But the public had expectations of good governance, ethical behavior and common grounds when it came to what the country stood for.

Sadly, I find that in the USA and France, the public today has a very low opinion of elected officials and others who work in government, and even of law enforcement. So it is good to be reminded that there was a time when they were held to a higher standard: when the media revealed objectionable behavior, they would resign, drop out of the race, apologize and so on, even for wrongdoing that was not illegal. It would be nice if another Mr. Smith could go to Washington someday.

In watching American and French political life, I see a resemblance that few people mention. In the past several decades, it was rare for debates, emotional diatribes and the like to take place in the Chambre des Députés, the French equivalent of the US House of Representatives. But now that President Emmanuel Macron’s party lacks a majority, the opposition parties use such tactics to delay votes, hearings and other action, which infuriates the members of the government. All the parties involved, as well as the executive branch, indulge in surrealistic behavior, losing it at one point or another, leading to chaos and suspensions – in other words, pretty much what happens in the US House.

Mr. Smith Goes to Washington shows people having passionate arguments while staying civil and polite. The contrast between then and now is striking. Several times while watching debates in both countries I have made this connection. The scene I love the most of Le Président, which I have seen several times appearing on Facebook and I have put it on my page is,
https://www.dailymotion.com/video/xx87cb 
He calls by name all the conservative representatives (les députés) and states their close ties to major international trusts, conglomerates, or banks. He also talks about how expensive a political campaign is and how better is the return on investment when financing the political campaign of un député versus bribing local officials in the colonies.

The USA is used to these situations and the House will not get much legislative work done until the presidential election next year. France entered unchartered territory when the newly elected president did not win a solid majority in the Chambre des Députés. It is impossible to predict what will happen during President Macron’s second (and last) term.

STRIKES AND DEMONSTRATIONS IN FRENCH CITIES 
American love to joke about, complain and ridicule France on the frequency of strikes and demonstrations, especially in Paris. The chaotic debate about reforming the public retirement system is one of the driving forces behind the current strikes and demonstrations. There have been lengthy debates on TV and opinions of all kinds from across the political spectrum about the strikes and marches.

One thing I have noticed is that, contrary to many protests in recent years, there has been hardly any violence at the end of these latest demonstrations, even the massive ones. I can see that the police are stationed very differently than they used to be around the demonstration routes. Few people have commented about this and the reason for the difference. But those who do are unanimous in saying that Mr. Laurent Nuñez, who became the Paris préfet on July 20th, 2022, is responsible for this success.

A NEW MISSION FOR THE INPI: REGISTRATION OF BUSINESSES
On January 16th, 2004, I was proud of myself when I walked out of the Institut National de la Propriété Intellectuelle (INPI) in the 8th arrondissement after registering the trademark “A Survival Kit for Paris.” It was just the brand name without a logo or graphics. The name said exactly what I wanted my business to be, and it was mine. It stayed legally dormant for over 10 years: I only put it on my business cards and letterhead until I created a SARL called A Survival Kit for Paris in May 2016. The protection that comes with the registration lasts 10 years, so mine will run out in 2025.

For some reason, the French government has added business registration and modification to the INPI’s responsibilities. On January 1st, 2021, an office was set up in the INPI to manage the creation and alteration of businesses. On September 16th, 2021, this office became the national business registry. Now, since January 1st, 2023, all online registration of businesses is done through the website pages of that office (see the INPI link at the end of this section). This applies to registration of all corporations, whatever the type or size, along with solely owned craft and merchant businesses (artisan – commerçant). However, consultant-type businesses (profession libérale) still go through the URSSAF procedure. This classification was created under Louis XIV and has remained essentially unchanged ever since. It is one of the fundamental business classifications in France.

The new INPI registration procedure is advertised as being easier than before. But when assisting a client with it, I found that every other issue was incomprehensible to an American who was truly fluent in French. So take the advertising with a large grain of salt!

I am sure this topic will have a sequel. Although the vast majority of non-EU immigration applicants choose to be consultants, independent teachers, translators, interpreters and coaches, there are still several who either need to create a corporation to comply with their chosen passeport talent sub-category, or their activities fit the artisan – commerçant status. This latest change is radical and cannot be overlooked.

www.inpi.fr/formalites-entreprises/creer-son-entreprise 
www.autoentrepreneur.urssaf.fr/portail/accueil.html

REGISTERING AS SELF-EMPLOYED AND GETTING HEALTH COVERAGE
For at least a year I have observed the poor performance of the procedure for getting French public health coverage after registering self-employed status for the first time. Formerly, URSSAF would send a letter asking for a file with passport, immigration ID, birth certificate and French banking information so as to create an account with the Caisse Primaire d’Assurance Maladie (CPAM) and start the procedure to obtain a French social security number. The file was sent to an office in Brittany, which dispatched the information to your local CPAM to implement the health coverage policy and to INSEE, the French statistics agency, for the creation of the French social security number. For years, the procedure was somewhat slow but predictable and thus reliable.

Now the system is so slow as to be dysfunctional, so it is no longer feasible to rely only on it to obtain coverage. Instead, once the letter from the URSSAF Brittany office in Auray is sent, you have to be proactive and submit the registration file to the local CPAM as well. Eventually, there may be two files active. But if you inform this Brittany office when it asks for the file that one registration has already been completed, you can avoid having two files in process at the same time. Keep in mind that this is the procedure to set up CPAM public coverage. URSSAF takes care of setting up the account to which income is declared and social charges paid.

DECLARING USE OF FRENCH REAL ESTATE
The French tax office’s recent announcement that property owners now have to complete an extra filing about their holdings took me by surprise because I first got the information from a client who reads The Local France, an expat website: www.thelocal.fr/20230126/new-french-property-tax-declaration-your-questions-answered .

I did some research and found the information issued by the French administration, the most reliable source. Since January 1st, 2023, all owners of French real estate have had until July 1st, 2023, to submit a report on how the property is used. The official reason is simply that the administration wants an improved picture of the usage of French real estate. But I can see that how a property is used can indicate discrepancies in the income declared to France (or the lack of it). It can also show if it is used for Airbnb, facilitating checks on whether the rental meets the French legal requirements and how many non-residents foreigners use the place. I won’t try to read from these observations what the next step might be, aside from these basic legal and fiscal issues.

Here is a partial translation of the message found on the official website.

WHAT INFORMATION MUST BE DECLARED VIA THE NEW ONLINE SERVICE “MANAGE MY PROPERTIES”?
This new obligation is carried out through the online service available on impots.gouv.fr in your personal space under the “Real estate” tab [“Biens immobiliers”].

The following information must be provided by July 23rd, 2023:

How the premises are occupied (by you or tenants).
Whether it is a main residence, a secondary residence, rented, occupied free of charge, or unfurnished and unoccupied.

Who the tenants are (for a private individual: last name, given name, date of birth, place of birth; for a corporation: name of the manager, SIREN).

When it is used by the owners (beginning and end of the period of occupation).

In the case of seasonal rentals: when it is rented and who manages the property (either the owner or, if it is professionally managed, the manager’s SIREN or that of the owner if applicable).

The amount of the monthly rent (optional).

Gathering this information will help the administration calculate the habitation tax on secondary residences, the tax on vacant premises (TLV) and the housing tax on vacant accommodation (THLV).

This is a mandatory declaration (article 1770 terdecies of the CGI). Failure to declare will result in fines of 150€ per premise.

This topic is also addressed in the second Q&A of this column.

www.impots.gouv.fr/particulier/questions/quelles-informations-sont-declarer-le-nouveau-service-en-ligne-gerer-mes www.impots.gouv.fr/formulaire-de-creation-dacces-lespace-particulier-non-residents

www.impots.gouv.fr/particulier/questions/quelles-informations-sont-declarer-le-nouveau-service-en-ligne-gerer-mes 
www.impots.gouv.fr/formulaire-de-creation-dacces-lespace-particulier-non-residents

Best regards,

QUESTION

DOES INSULATION QUALITY AFFECT THE CHANCES OF GETTING A MORTGAGE?

We are a couple of Americans who just arrived in the southwest of France and we are starting to look at real estate in that region.The first thing that I don’t understand is what energy class signifies and whether there is something I should be mindful of here. I’m also seeing something called GHG: is that also something I need to pay attention to? And should I anticipate that the energy class ratings would enter into consideration when I apply for a mortgage? Say a prospective owner wants to buy an E, F or G-rated house (owner occupied, not a rental), but needs a mortgage; would the rating influence the success of obtaining that mortgage?

QUESTION

THE CONSEQUENCES OF THE NEW ONLINE SERVICE “MANAGE MY PROPERTIES”

I hope in your next newsletter you will address the topic of the announcement of the French government creating this new declaration to be filled out before the end of June 2023 regarding the use of secondary residences. Indeed, it is important to know how to fill out the form when we use them a couple of times each year. I click through it partially and it asks who is staying there (start/end date). I am tempted to put no end but then I worry that I will be targeted for not having a long-term visa. I am sure this will be a question for all your readers.

First, I would like to wish you all once again a very happy and prosperous 2023! There is a point at which we need to fill ourselves with optimism, regardless of what is happening around us.

Happy New Year!

I believe many of us, and probably all of us, think that 2023 must find a way to be better than 2022. For most of us, this will require more faith and less time following the news.

French custom dictates that New Year’s wishes can be expressed until the end of January, so I have managed it a few hours before the deadline.

Don’t Let It Bring You Down 
Old man lying by the side of the road
With the lorries rolling by
Blue moon sinking from the weight of the load
And the buildings scrape the sky
Cold wind ripping down the alley at dawn
And the morning paper flies
Dead man lying by the side of the road
With the daylight in his eyes
Don’t let it bring you down
It’s only castles burning
Find someone who’s turning
And you will come around
Blind man running through the light of the night
With an answer in his hand
Come on down to the river of sight
And you can really understand
Red lights flashing through the window in the rain
Can you hear the sirens moan? 
White cane lying in a gutter in the lane
If you’re walking home alone
Don’t let it bring you down
It’s only castles burning
Find someone who’s turning
And you will come around
Don’t let it bring you down
It’s only castles burning
Just find someone who’s turning
And you will come around
Don’t let it bring you down
It’s only castles burning
Just find someone who’s turning
And you will come around

“Don’t Let It Bring You Down” is the seventh track on Neil Young’s 1970 studio album, After the Gold Rush. It also appeared the following year as the ninth track on 4 Way Street, the third album by Crosby, Stills & Nash, their second as Crosby, Stills, Nash & Young and their first live album – which is the version I know. That album shipped as a gold record and reached No. 1 on the Billboard 200.

I have always been intrigued, amused and impressed that my two children listened non-stop to this album for about a year when they were young teenagers. At the very least, they were raised with good music and lyrics.

After David Crosby’s death last month I had hoped to find a song by him that I knew and liked and whose title I could use. This was as close as I could get. I trust my readers will consider it to be close enough.

Sadly, a long list of things in France and the USA could be linked to this song. I see no point in mentioning them, however. We need a ton of faith to think that 2023 will bring great things and that many things will get fixed. At the same time, I know that with my own faith and determination, this year is going to bring a lot of good things, even though there will be several challenging projects.

The world and our countries would be very different if we never let anything bring us down. As far as I am concerned it is a matter of faith first and then using wise business sense – always in that order. So whenever you need it, remember: “Don’t let it bring you down”!

THE CHOICE OF OFFICIALS THROUGH THE ELECTORAL PROCESS 
“When stupidity is considered patriotism, it is unsafe to be intelligent.” – Isaac Asimov.

When I read this quote, it made me reflect on several instances where some elected officials and members of the executive branch have shown significant flaws in the positions they held. This in turn recalled a topic I mentioned a long time ago, in the November 2018 issue.

During the 2012 presidential campaign, Mitt Romney, the Republican candidate, was heavily criticized by both Democrats and numerous Republicans for speaking fluent French. I have no interest in discussing his political views or his career in general. As a Frenchman in France, I consider the ability to speak several languages as a plus for politicians at any level of responsibility. Here, according to Wikipedia, is how Romney became fluent in French.

“In July 1966, he began a 30-month stint in France as a Mormon missionary, a traditional rite of passage in his family. He arrived in Le Havre, where he shared cramped quarters under meager conditions. …

Romney soon gained recognition within the mission for the many homes he called on and the repeat visits he was granted. He became a zone leader in Bordeaux in early 1968, and soon thereafter became an assistant to the mission president in Paris. …

When the French expressed opposition to the U.S. role in the Vietnam War, Romney debated them. Those who yelled at him and slammed their doors in his face merely reinforced his resolve.

In June 1968, while in southern France and driving an automobile that was hit by another vehicle, Romney was seriously injured. The crash killed one of his passengers, the wife of the mission president.

Romney then became co-president of a mission that had become demoralized and disorganized after the May 1968 general strike and student uprisings and the car accident. With Romney rallying the others, the mission met its goal of 200 baptisms for the year, the most in a decade. By the end of his stint in December 1968, he was overseeing the work of 175 others. As a result of his experience there, Romney developed a lifelong affection for France and its people and has remained fluent in French.”

This reminded me of the expression “Pardon my French,” which of course I never use. I feel odd every time I hear it. Again from Wikipedia.

“‘Pardon my French’ or ‘Excuse my French’ is a common English language phrase ostensibly disguising profanity as words from the French language. The phrase is uttered in an attempt to excuse the user of profanity, swearing, or curses in the presence of those offended by it, under the pretense of the words being part of a foreign language. Also derived from the attempt to disguise the French term for ‘the seal’ – ’le phoque.’

At least one source suggests that the phrase ‘derives from a literal usage of the exclamation. In the 19th century, when English people used French expressions in conversation they often apologized for it – presumably because many of their listeners (then as now) wouldn’t be familiar with the language’. The definition cites an example from The Lady’s Magazine, 1830.

Bless me, how fat you are grown! – absolutely as round as a ball: – you will soon be as embonpoint (excuse my French) as your poor dear father, the major.”

But back to Mitt Romney, there is now a similar trend in France and several other European countries in the sense that to be elected or nominated for a government position, it is a big advantage to seem close to the people, to look and sound like them. In my view, this goes against the fundamental mission of leadership. I believe it requires impressive knowledge and experience in managing complex situations, as well as being a skilled negotiator. To me, having international experience and a worldview on issues is a must, but I understand why this might not be the case in the USA.

www.wamu.org/story/12/02/10/on_the_trail_romney_avoids_his_french_connection

FRENCH TENANTS’ RIGHTS ARE BEING CHALLENGED 
The National Assembly voted on December 2nd, 2022, to approve a law increasing penalties and other consequences of squatting in a property, whether it is someone’s primary or secondary residence. It is now awaiting discussion in the Senate. This is a significant breakthrough, as the bill reduces non-paying tenants’ rights.

Since 1954, the rights of tenants and, more generally, of people occupying a home have increased over the years, building on the concept that all French residents have a legal right to a home. Once someone has established their primary residence one way or another, the law protects this residence. Both the court and administrative procedures, especially combined, are very much against owners. In recent years there had been attempts to regulate these rights but they were marginal and did not help.

Recently the French media has reported situations where people break into someone’s secondary residence. It takes about three years to get them out, on average, and the inside of the house is usually destroyed by then. Another scam that appeared a few years ago and is now quite common involves a crook organizing a break-in at an apartment or a house and getting paid a cash commission, most often by a family who sign a lease that at first glance looks legal. The family then puts the utilities in their name, using the lease. The French courts and police have a very hard time getting such families evicted.

For those who are interested, you review the details of the new legislation here:
www.vie-publique.fr/loi/287344-proposition-loi-anti-squat-occupation-illicite-des-logements-expulsion.

THE SURVIVAL HOME IN PARIS (SHIP) IS FULLY OPERATIONAL
The first tenant moved in on January 3rd. As she is a friend of my wife, she got preferential financial treatment in exchange for being the first renter and testing everything for a month. This led to some minor adjustments. The story I like the most is that when I was asked if the kitchen was fully equipped, I said yes. After a trip to IKEA and a receipt totaling 303€ for all that was missing, now the kitchen really is fully equipped! I had a SHIP logo made, so I should soon have the website ready, with pictures and presentation. So far, we already have the studio rented through August 2023.

GOING THROUGH A NATURALIZATION INTERVIEW AT NANTERRE
In December a client went through an appointment for nationalization at the Nanterre prefecture. Afterward he shared with me the questions asked. Applicants often have a lot of anxiety about these interviews, fearing that they have to know everything about France – especially the culture, literature and history – back to Roman times. This report shows what is being asked.

The topics may differ from interview to interview. The goal of this meeting is less to check the applicant’s knowledge of France than to evaluate their ability to explain and describe a variety of unrelated topics in French, jumping from one to the next. Being able to do this demands a good level of French as well as feeling at ease speaking it. In short, the French administration is not checking the level of French grammar so much as the fluidity and ability to converse the French way.

Here is my client’s report:
“She went over my file and all my documents and confirmed everything, asked some questions about my family and where they live, how long my contract will last if I had a CDI.

Why do you want to be French? 
Do you see yourself in France in 10 years? 
Are you part of any associations? 
Do you own property in France or abroad? 
What are the nationalities of your entourage in France? 
How often do you visit your home country? 
Do you still have close ties to your home country? 
What cities in France have you visited? 
What river goes through Paris? 
What river goes through Lyon? 
What is democracy and what do you think about it? 
Is voting important to you? 
Serving on a jury? 
What is France’s currency? Describe each value. 
What are the rights and duties of a French citizen? 
What are the colors of the French flag? 
What is the symbol of France that is a woman? 
Describe the events of July 14th and why it’s an important day in French history
Describe laïcité and give your opinion of it. 
What is your opinion of freedom of expression? Does it have a limit? 
Who is the current prime minister? 
What is the French healthcare system called? When was it started? 
Name an important French person in history and why they are remarkable to you
Do you think men and women are equal in France?
How many countries are in the EU and which country just left?”

A READER REACTS TO THE SONG “WIND OF CHANGE”
A reader writes, referring to the December issue:
“I just had to write you following this month’s column.

To jog your memory, a few years ago I introduced you to the owners of XXX where you helped my American former colleague R. with her status.

You and I met when I first arrived here around 2005 at a talk you gave at the American Church if I recall – and I’ve read every one of your columns since then. I applied for and got my French nationality, with ALL the usual administrative hiccups and after a multi-year process, a few years ago. I can honestly say that without being a reader of your columns, I would have gone mad! However, you armed me very well – and I was able to laugh at some of the administrative inconsistencies and insane requests and soldier on! So, thank you for that. I doubt you often receive such feedback, but you should!

So why this [letter]? “Wind of Change” and the alleged CIA connection. Of course, I have no idea of the truth or not of such things, but I highly encourage you to listen to this podcast series on it. You and I are about the same age and have similar musical tastes, so if nothing else this will take you on a delightful and well-produced stroll down memory lane, I am certain: https://crooked.com/podcast-series/wind-of-change.

Enjoy should you choose to dive in, and no, I have no connection to crooked media but confess to being a regular listener to some of their pods.”

And here is my reply:
“Thanks for your message and your appreciation of my column. Indeed, I rarely receive such a nice comment about the help my column carries to people.

I might sound more cynical than I am. An unusual number of readers told me about the CIA creating/composing/drafting the lyrics of this song. Even if it is true, at this point I do not care; singers are not always composers.

What I do know is that the Scorpions performed behind the Iron Curtain, including in today’s Russia. They put their bodies on the line in defiance of Communist regimes.

Whoever wrote it, I care about the band because their lives were and still are affected by the existence of the Iron Curtain and what it meant. That is why I compared the song with “We Shall Overcome.” In the USA the people singing the latter song in the South, while demonstrating and risking their lives, also did not compose the lyrics, but they were living them.

I will just add that if the CIA did indeed write the lyrics, they did a darn good job, catching the spirit of that time very well.

REFUGEES COMING TO FRANCE AND RELATED PROCEDURES 
Pretty much since we moved back to France, I have been helping refugees, usually from anglophone Africa and Asia, often through a few non-profit organizations and local churches. These people can experience serious difficulties securing their immigration at renewal time as well as having a very hard time going through the regulation program, which makes it possible for an undocumented alien to obtain a legal stay. There are also asylum seekers, who face a complex and lengthy procedure.

As soon as I read the first article linked below in the newspaper Le Monde, I decided to share it with my readership. We hear so much about immigration and asylum seekers, but rarely an accurate description of what the procedure is and who the individuals seeking this status are. I was impressed by the neutral and accurate description of what these people go through, who was accepted and who was refused, and why. That is why I share it here, hoping some of you can find a way to have it translated into English, (for example, using the free DeepL translation program, https://www.deepl.com/translator).

As the second article linked below shows, the French government is working once again to pass legislation with significant political motivations. Thus it will result in further chaos concerning types of status the government considers “bad immigration” and will not help with what they deem “good immigration.”

By contrast, when the prefectures started to issue cartes de séjour valid for several years based on simple and clear guidelines, no one in the government mentioned this reform and hardly any major media outlets mentioned the changes. I believe this was the last efficient and positive reform related to immigration. The same is true of the many new online procedures. All those reforms were purely pragmatic, efficient and relatively easy to implement, all things considered.

www.lemonde.fr/societe/article/2022/12/29/demandeurs-d-asile-a-montreuil-le-grand-oral-pour-obtenir-le-statut-de-refugie_6155963_3224.html
www.lemonde.fr/politique/article/2022/12/21/renforcement-de-la-double-peine-titre-de-sejour-pour-les-professions-medicales-le-gouvernement-a-finalise-son-projet-de-loi-sur-l-immigration_6155229_823448.html

Best regards,

QUESTION

ISSUES RELATED TO A TENANT’S PROOF OF ADDRESS

We are a couple of Americans living in California. Normally we never rent out the Parisian apartment we have owned for 15 years in the 15th. A friend of ours asked if we could help his daughter. We signed a one-year furnished contract in mid-December to start on the 1st of January. All the money owed, i.e. one month’s deposit and one month’s rent, appeared in my account early.”
Then she informed me that she would not be able to be there for the walk-through scheduled on Monday, January 2nd, but it would be done with a friend of hers who lives in Paris. Reluctantly I gave the keys to this man and had the entry walk-through form signed in two copies. I became very worried and upset when I received a copy of the tenant insurance statement of coverage issued in both names.
I now fear that this person may move in with my tenant. Is there anything I can do?

QUESTION

ASKING FOR A LONG-STAY VISA

I am an American and I have now scheduled my move to Paris in the early spring. Please let me know what I need to do for the visa. I would like you to describe the procedure and what goes in the file.