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		<title>Burn</title>
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		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Wed, 01 May 2019 08:17:58 +0000</pubDate>
				<category><![CDATA[2019]]></category>
		<category><![CDATA[apartment]]></category>
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					<description><![CDATA[May 2019 The album&#160;Burn&#160;was released in February 1974 by Deep Purple. I always find it interesting that lyrics can be understood in a way totally different from their intent when they were written. Reading the lyrics of this album’s title track once again, I felt it could apply poetically to what happened to Notre-Dame Cathedral. [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>May  2019</em></h5>



<p>The album<em>&nbsp;Burn&nbsp;</em>was released in February 1974 by Deep Purple. I always find it interesting that lyrics can be understood in a way totally different from their intent when they were written. Reading the lyrics of this album’s title track once again, I felt it could apply poetically to what happened to Notre-Dame Cathedral.</p>



<p><em>The sky is red, I don&#8217;t understand<br>Past midnight I still see the land<br>People are sayin’ the woman is damned<br>She makes you burn with a wave of her hand<br>The city&#8217;s ablaze, the town&#8217;s on fire<br>The woman&#8217;s flames are reaching higher.</em></p>



<p>It felt like the whole world watched the cathedral burning. Almost everybody was talking about this tragedy, and rightfully so. Now France needs to start the rebuilding. I hope it is well done, with the finest craftspeople doing the work. Almost certainly, the Compagnons will be called upon – possibly the same guilds that built the cathedral in the first place. Many guilds were created in about AD 1000 to make the building of churches and cathedrals possible. I find it reassuring that they have been able to maintain their traditions and craftsmanship through the centuries.</p>



<p><a href="https://compagnons-du-devoir.com">https://compagnons-du-devoir.com</a></p>



<p><a href="https://compagnons-du-devoir.com/les-compagnons-du-devoir-caen">https://compagnons-du-devoir.com/les-compagnons-du-devoir-caen</a></p>



<p><strong><span style="color:#5182FF" class="color">A NEW OFFICE PROJECT SHOULD BE COMPLETED BY THE END OF THIS YEAR</span></strong><br>For about seven years, when I had an office near the Place Saint-Georges, I rented the other room out, usually for about a year at a time and no longer than two years. Most of the people renting it were creators of start-ups, consultants or independent contractors who needed this place to make their professional transition. I always liked being able to offer a professional setting at an affordable price and thus help people launch their careers.</p>



<p>As many people know, my current office has three rooms: one is where I meet my clients, one is my workroom with files, printers and a large desk, and the third contains a kitchen corner and my assistant Sarah’s workspace.</p>



<p>For almost a year now, I have been interested in purchasing a place in close proximity to my office in the same building. I have just received the seller’s approval from the real-estate agent. As long as the sale goes through, I should be able to offer the use of a completely independent space very near my current office. I cannot say more until I have the presale contract. But I am already thinking about offering a small discount to any of my readers who might like to use this space as an office space or Airbnb place to stay.</p>



<p>I will probably not have much of a summer vacation, as I will be working on this project so as to have everything ready for September. It will likely be necessary to do some renovation so that the place offers a comfortable setting.</p>



<p><strong><span style="color:#5182FF" class="color">PAPERLESS OFII PROCEDURE</span></strong><br>The Office Français de l’Intégration et de l’Immigration (OFII), the part of the French administration dealing with the side effects of the immigration procedure, has gone completely paperless, as many of us have long wished. There is no longer a paper form; instead, an electronic procedure is activated once you arrive in France. When you receive your passport with the visa for France in it, on the next page is the URL of the website where you go to ask for an appointment once you arrive in France. It asks for your date of entry into France, and you will be asked to prove it, if possible. This seems to have shortened the time it takes to obtain an appointment.</p>



<p><strong><span style="color:#5182FF" class="color">PUBLIC HEALTH COVERAGE AND VISITEUR IMMIGRATION STATUS</span></strong><br>French immigration law has always put an emphasis on the health insurance coverage valid in France. The most recent evolution is creating some serious problems for the foreigner holding a ‘<em>visiteur</em>’ immigration status. I had hoped that the prefecture had taken a definitive position after taking into consideration the vast changes set in motion by the creation of PUMA. Sadly, the prefecture has once again changed its position on whether people with<em>visiteur </em>status must provide proof of health coverage.</p>



<p>The starting point is simple. To obtain<em>&nbsp;visiteur&nbsp;</em>immigration status, you have to prove that you have a certain minimum income, often retirement funds or other assets. You also have to prove that your health care is covered by a policy valid in France, and that the premiums for it are being paid regularly, either directly or indirectly (as part of a retirement package, the person often gets coverage for life, whether or not an amount is deducted from the pension for it).</p>



<p>Before the<em>&nbsp;protection universelle maladie&nbsp;</em>(PUMA) went into effect on January 1st 2016, each person covered by the<em>&nbsp;couverture médicale universelle&nbsp;</em>sent in an income declaration and the cost of the premium was 8%. The coverage was (and still is) free for those with annual earnings below 8,951€, which is pretty much poverty level. With the prefecture looking for annual income of at least 14,000€, the system was set up so that a foreigner covered by the public system called Assurance Maladie would easily be able to prove payment of some premium and therefore comply with the requirement.</p>



<p>Since the 8% of income used to calculate the premium does not include retirement income, many American retirees with<em>&nbsp;visiteur&nbsp;</em>immigration status can sign onto PUMA and be covered for free even if their global income is $100,000 or more, way over what the prefecture requires as a minimum.</p>



<p>URSSAF handles PUMA billing and collection, as it is the collection agency for social charges in France. Instead of receiving a special declaration of income, as before, they now get the information from the French tax office. This leads to several crazy situations. Some foreigners who declare their worldwide income to France without paying anything have received bills from URSSAF even though they have always been covered by the private sector. Under the old system, some foreigners paid their premiums in order to be covered by French public health program. These same foreigners now pay nothing because they do not declare their income to France.</p>



<p>Because of the craziness of the situation and the fact that for about two years URSSAF did not send a single bill to anyone, the prefecture agreed to renew people’s immigration<em>&nbsp;‘visiteur’&nbsp;</em>status without proof of health coverage. But my experience is that since the beginning of this year the prefecture has once again been asking for such proof. Several of my clients’ requests for renewal are up in the air, and they are waiting for the prefecture to decide about this situation. Some foreigners have ample income but do not pay anything for their public French health coverage. If that describes you, and you are about to go to the prefecture, be ready to face this issue.</p>



<p><strong><span style="color:#5182FF" class="color">MORE DOCUMENTS NEEDED FOR SELF-EMPLOYED STATUS</span></strong><br>The prefecture has added to the list of documents required to be registered as self-employed, opening up a can of worms much bigger than you might think. The first requirement has long-lasting effects and creates serious problems.</p>



<p><em>Domiciliation professionnelle</em><br>The prefecture has a clear tendency to treat self-employed people registered in France as consultants, as if they were opening a shop, or as a limited liability corporation. Now it is asking applicants to submit a statement under oath that their business is domiciled in the home, even though all the other paperwork proves that this is the case.</p>



<p>The next step is that the prefecture may ask to see a lease or other document proving the grounds for the person’s tenancy. Leases almost always state that the apartment is residential and that no businesses can operate on the premises. So the prefecture requires the statement of<em>domiciliation professionnelle&nbsp;</em>to be signed by the landlord, authorizing something that is prohibited in the lease, as if a consultant’s activity were the same thing as having the public enter a shop or operating heavy machinery.</p>



<p>This has damaging consequences. Often landlords and even property agencies have people sign a hosting agreement&nbsp;<em>(attestation d’hébergement),&nbsp;</em>when all the utilities and local tax liability remain in the landlord’s name. Getting them to sign a<em>&nbsp;domiciliation professionnelle&nbsp;</em>document is close to impossible. Formerly, one way to block unscrupulous landlords was to have a business registered in the home. This meant declaring income for tax purposes and billing of business taxes at that address, documenting that the person was staying there as their primary domicile and therefore giving them domiciliary protection. This is no longer possible, however, and one might quickly need to find a new place. Thus, for people with this kind of profile, instead of risking being put out on the street, you may want to get your<em>domiciliation professionnelle&nbsp;</em>from a<em>société de domiciliation professionnelle,&nbsp;</em>which may cost about 10€ to 20€ a month for the base service, equivalent to a PO box corporation in the USA.</p>



<p>By doing this, one gets the<em>&nbsp;carte de séjour&nbsp;</em>and the right to work, but gives up the right to deduct a substantial portion of the rent from one’s taxes, which can represent a significant loss. Considering how difficult it is to find lodging in Paris, this adds considerably to the existing problem.</p>



<p><em>Attestation de vigilance</em><br>This is a completely counterintuitive request regarding a review of the payment of taxes and social charges required of those with the self-employed immigration status. Until recently, URSSAF readily made available a statement of what was paid and how much the social charges were. If the statement indicated that the outstanding balance was zero, the person was paid up. The prefecture accepted this was proof of good standing.</p>



<p>Now the prefecture wants another document that does not show any figures but states at the bottom of the second page that the person has complied with all the requirements linked to their status. I would like to raise a couple of questions:</p>



<p>What other requirement could be as important as being up to date on your payments, when one knows that not declaring means getting a fine?</p>



<p>Would not it make more sense to match the four individual URSSAF bills, one for each quarter, with the statement wrapping them all up so as to see if anything is missing?</p>



<p><strong><span style="color:#5182FF" class="color">FRENCH INCOME TAX: TIME TO DECLARE IS NOW</span></strong><br>Regarding the more mundane topic of income tax, I would like to remind everybody that the paper version of the 2018 income declaration must be filed in France by Wednesday, May 17th midnight. The declaration forms are available at www.impots.gouv.fr. You can file your declaration on this website, provided it is not your first time. To do so, you need your tax ID number and some access codes.</p>



<p>Note that if you file online, the deadline is later. The schedule depends on your postal code:</p>



<ul class="wp-block-list"><li><em>départements&nbsp;</em>01 to 19 must file by midnight on May 22nd</li><li><em>départements&nbsp;</em>20 to 49 by May 29 th</li><li><em>départements&nbsp;</em>50 or higher by June 5th</li></ul>



<p>An important reminder: if you are a French fiscal resident (i.e. if you hold a<em>carte de séjour&nbsp;</em>or an immigration visa validated with an OFII stamp, and comply with the requirements), you must declare your worldwide income to the French authorities even if you have no income in France and do not have the right to work in France. There is no penalty for neglecting to file, but not meeting this obligation is illegal and can have consequences.</p>



<p>You are a French fiscal resident if you:</p>



<ul class="wp-block-list"><li>1. Staying in France for 183 days in a calendar year, whether you have legal immigration status or not.</li><li>2. Having immediate family members who reside in France (a spouse and/or children).</li><li>3. Having a French employer.</li><li>4. Running a French business, even something like tutoring schoolchildren in English.</li></ul>



<p>Current government-sponsored advertising campaigns refer to paper forms as thing of the past. For now, declaring electronically gives you an extension of a few weeks.</p>



<p><strong><span style="color:#5182FF" class="color">CHOOSING BETWEEN FRENCH NATIONALITY AND A CARTE DE RESIDENT</span></strong><br>A couple of weeks ago, while attending one of Stephen Heiner&#8217;s monthly entrepreneurs&#8217; lunches, the topic of naturalization came up and I could see that there is a misconception about the naturalization procedure, especially when comparing it to obtaining the<em> carte de résident, </em>which is loosely the equivalent of the American green card.</p>



<p>Many people read the requirements and conclude that the naturalization procedure asks for almost nothing, as the current requirements are:&nbsp;</p>



<ul class="wp-block-list"><li>1. Having had a permanent legal stay in France at all times.</li><li>2. Being a French fiscal resident.</li><li>3. Mastering the language at B1 level (the government is thinking of increasing it to B2)</li><li>4. Having lived in France for five consecutive years, or possibly two consecutive years for applicants who have received a master’s degree in France.</li></ul>



<p>The<em>&nbsp;carte de résident&nbsp;</em>requirements are much stricter:&nbsp;</p>



<ul class="wp-block-list"><li>1. Having had a permanent legal stay in France at all times.</li><li>2. Having lived in France for five consecutive years, without exception (years holding a student&nbsp;<em>carte de séjour&nbsp;</em>do not count).</li><li>3. Showing four consecutive<em>&nbsp;avis d’imposition,&nbsp;</em>the French income tax statement, with a consistent annual income at least equal to French minimum wage, the SMIC.</li><li>4. Mastering the language at A2 level.</li><li>5. Preferably owning one’s home, or renting with a full lease.</li><li>6. Preferably being covered by the French public health care system.</li></ul>



<p>The requirements for a<em>&nbsp;carte de résident&nbsp;</em>are more numerous, more demanding, and more rigid than those for naturalization. This confuses a lot of people. They do not understand why becoming a French national looks so easy, when even asking for<em>&nbsp;carte de séjour&nbsp;</em>can entail a longer list of required documents.</p>



<p>My explanation of this apparent oddity is that the naturalization procedure is like a funnel: the entrance is wide but the exit is tiny. What I mean is that it is true that the requirements for submitting a file requesting naturalization are simple, but the ones for obtaining it are strict. There are a lot of unwritten requirements that are not mentioned in the documents the prefecture gives you when you ask for the list.</p>



<p>By contrast, the<em>&nbsp;carte de résident&nbsp;</em>procedure is like a straight pipe: If you qualify to submit the file requesting it, it is nearly certain to be approved.</p>



<p>Finally, in my experience, many people do not know the rights associated with the<em>&nbsp;carte de résident.&nbsp;</em>It gives you various types of right to work and guarantees that you can live forever in France; you can even live in another country without losing the right to live in France.</p>



<p>I would say the objective when asking for naturalization is to prove complete allegiance to France and, ideally, to have all aspects of your life grounded in France. Hence some of the unwritten requirements when asking for naturalization, such as holding a<em>&nbsp;carte de séjour salarié&nbsp;</em>as well as<em>&nbsp;vie privée et familiale,&nbsp;</em>which gives you a better chance of success. Otherwise, asking first for the<em>&nbsp;carte de résident&nbsp;</em>is pretty much an obligation. Another is earning most, if not all, of your income from a French source, ideally as an employee. This is just to give an idea of what is truly required, but, to be fair, miracles can happen, so if you think you have a special profile that offsets what is missing, you should still apply.</p>



<p>I would like to remind my readers who hold a<em>&nbsp;‘visiteur’&nbsp;</em>immigration status that after a lawful presence of five years and compliance with all the abovementioned requirements. They can easily get the 10-year<em>&nbsp;carte de résident&nbsp;</em>because they already comply with everything on the list by virtue of their annual renewals. Some prefectures can be extremely lenient with American citizens who can often renew their immigration status without complying with this abovementioned list. So this is one of the first things to check. Then the only thing that is left uncertain is their competency in French. This said, an A2-level of competency can be presumed after a presence of five years in France.</p>



<p><strong><span style="color:#5182FF" class="color">DISCUSSION OF RAISING TAXES AT THE 2019 DAVOS FORUM</span></strong><br>The article I cite below has a direct link with the section of my January 31st issue in which the<em> gilets jaunes </em>movement is discussed. Their members still demonstrate every Saturday, regardless of what the government proposes. Clearly this is not something that can dealt with by announcing last-minute changes. Several other countries have also been experiencing weekend demonstrations, notably Algeria. What is going on there deserves much more attention than the Western media, including French media, are giving it. Western economies need a radical new way to address taxation, especially taxation of income and wealth. These are the tools that enable countries to deal with their primary mission of national security and inhabitants’ well-being. I am happy to see that terms such as socialism, taxation and wealth regulation are no longer considered obscene and taboo but have become issues to discuss and review. The definition of well-being varies by country but the constant decreases in the services and protection the state guarantees its people now has a visible result: multinationals have more power than many countries and their money controls democratic elections more and more, stripping away what democracy should be: the voice of people.</p>



<p>The following article was published in the Guardian on February 1st 2019.<br>Rutger Bregman had not really intended to stick it to the global elite. He never meant to have a pop at the idea that inequality could be solved by philanthropy or inviting Bono to Davos. But when the Dutch historian decided to go off-piste at the World Economic Forum and tell the assembled billionaires they should stop avoiding paying tax, he became an overnight social media sensation.</p>



<p>“It’s been a crazy week and just for stating the obvious,” said Bregman, when asked about a panel discussion at the WEF last month in which he said the issue was “taxes, taxes, taxes, and all the rest is bullshit in my opinion”.</p>



<p>Bregman had not been to Davos before. He was invited on the basis of the book<em>&nbsp;Utopia for Realists,&nbsp;</em>which argued for a basic income and a shorter working week, ideas that have been taken up by some of the Silicon Valley billionaires who show up for the annual event in the Swiss Alps.</p>



<p>But he grew more irritated as the week wore on. Bregman gave a speech to a dinner of technology chief executives and then spoke at one of Davos’s private sessions, off limits to journalists. There he was surprised and maddened by the pushback when he mentioned tax. “One American looked at me as if I was from another planet,” he said.</p>



<p>As a result, Bregman decided to change his plan for a panel on inequality organized by Time magazine on the final morning of Davos. “I went to my hotel room and memorized what I wanted to say by heart,” he said.</p>



<p>“I more or less ignored the question asked by the moderator and gave my speech instead. It was mainly to ease my own conscience: someone has to say what needs to be said.”</p>



<p>What Bregman said, put simply, was the Davos emperors have no clothes. They talk a lot about how something must be done about inequality and the need to address social unrest, but cavil at the idea they might be a big part of the problem.</p>



<p>He told his audience that people in Davos talked about participation, justice, equality and transparency, but “nobody raises the issue of tax avoidance and the rich not paying their share. It is like going to a firefighters’ conference and not talking about water.”</p>



<p>Nothing happened over the weekend. Bregman went back to Amsterdam wondering whether his colorful language was a mistake, but then a video of the Time panel went viral, and it has received millions of views on Twitter alone.</p>



<p>Bregman, 30, is not entirely surprised at the reaction. He said he is part of a generation not traumatized by the cold war and radicalized by the financial crisis of a decade ago. “When we say what’s needed are higher taxes and the response is ‘that’s communism’, we say ‘whatever’,” he said.</p>



<p>“I am part of a broad social movement. Ten years ago, it would have unimaginable for some random Dutch historian to go viral when talking about taxes. Yet here we are.”</p>



<p>As a historian, Bregman noted the most successful period for capitalism occurred in the years after the second world war, when the top rate of tax in the US was above 90%.</p>



<p>“This is about saving capitalism,” he said. “Most innovation has come about through government spending. During the golden age period [after the second world war], there were way higher taxes on wealth, property, inheritance and top incomes. That’s what we need today if we are going to tame this beast called capitalism.”</p>



<p>Bregman was born in 1988, the year before the Berlin Wall came down. He grew up in the Dutch city of Zoetermeer, studied history at Utrecht University and contemplated doing a PhD before deciding he was not cut out for a career in academia.</p>



<p>“I didn’t want to waste four years on an insignificant subject nobody cares about,” he said. Instead, the global financial crisis pushed him in a different direction.</p>



<p>“I thought that we needed historians to take the stage and explain what’s going on. When I watched the crisis on TV, the only people being interviewed were economists, and these were the guys that didn’t see it coming. I thought that we needed some historians there, so I left academia,” Bregman said.</p>



<p>He spent a year working on a left-of-centre Dutch paper before joining a new journalism platform that paid him a basic income and provided the freedom to write about anything he chose<em>. Utopia for Realists&nbsp;</em>was the result.</p>



<p>Bregman is working on a new book in which he intends to challenge the view that humans are inherently selfish. It is not true, he said, that people revert to their true, nasty selves when the thin veneer of civilization is stripped away.</p>



<p>“If we assume the best in people, we can radically redesign our democracy and welfare states,” he said.</p>



<p>Bregman bridles at being called an optimist. “I prefer the word possibilist,” he said. Optimists are the sort of chief executives found at Davos, who think globalization is working, neoliberalism is a good idea and inequality is on the decline, he added.</p>



<p>“A lot of great things are going on. In many ways, the past 30 years have been the best in world history. But we can do much better. I prefer the word hope over optimism,” Bregman added.</p>



<p>So, would he make a return visit to the WEF next year?</p>



<p>“I would definitely go. I would just give the same speech. It is going to be a dilemma for them. If they don’t invite me, it will prove my point. If they do, I’ll say the same thing all over again,” he said.</p>



<p><a href="https://www.theguardian.com/business/2019/feb/01/rutger-bregman-world-economic-forum-davos-speech-tax-billionaires-capitalism">https://www.theguardian.com/business/2019/feb/01/rutger-bregman-world-economic-forum-davos-speech-tax-billionaires-capitalism</a></p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR MY 60th BIRTHDAY</span></strong><br>The office will close for slightly over two weeks for this occasion. It will start on Friday June 14th evening and will reopen on Tuesday July 2nd morning. As always, I will only be reachable by email for emergencies and important matters as I will be out of France. The service I offer of receiving mail for clients will continue while the office is closed. I have not figured out how I will send the July issue considering the situation.</p>



<p><strong><span style="color:#5182FF" class="color">MY SUMMER VACATION: THE OFFICE IS CLOSED from July 19th to August 19th</span></strong><br>The office will be closed for one month starting Friday, July 19th, reopening on Monday, August 19th. 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.</p>



<p><strong><span style="color:#5182FF" class="color">MY FEES WILL GO UP ON OCTOBER 1st 2019</span></strong><br>I plan to change some aspects of my business when I reopen the office on Monday, August 19th. The main reason is to allow my assistant to do some tasks more systematically. One of them is to accompany the clients to the prefecture, URSSAF, CPAM and other public offices. She already handles most of the dealings with the offices where self-employed people are registered. She has also accompanied my clients to the prefecture several times. As her fees are lower than mine, this should compensate for the increase in my fees. On October 1st, I will raise my initial retainer from 270€ to 300€ and the hourly rate from 110€ to 130€.</p>



<p>Best regards,</p>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>PROBLEMS LINKED TO THE ABSENCE OF A BUILDING PERMIT<br/></em><br/></h2><p class="kt-blocks-info-box-text">My French boyfriend owns a tiny house at the end of a courtyard in the middle of Paris, which makes for a wonderful place to live as it is so quiet, no street noise and no neighbors. When I moved in with him, there was a large toolshed against our wall which is located in a different condominium association. After several months of heavy work, which felt like a complete renovation, someone moved in and because there is a tiny brick wall between us, we hear everything, and we smell all his cooking. It has become a nightmare. When my boyfriend called the owner of this toolshed, the answer was that this is private property, he can do whatever he wants and we should get over this. Can we stop him bullying us this way? Can he face some significant consequences? Can someone sleep in what is zoned as a toolshed?</p></div></a></div>



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<p>There is what the law says and then there is what can be enforced, and how. In France, especially in Paris, a toolshed cannot become a lodging without a very strict procedure being followed.</p>



<p>First, one must submit a request for a building permit to the city, which can refuse it. The way the conversion was done would certainly have been refused, because a sustaining wall must be built if the structure is going to be a small house like yours, to avoid all the problems you have listed and are suffering from.</p>



<p>If the building permit is accepted, it must be posted in plain sight of the public, which often means next to the sidewalk, so that the neighbors know about the project and can read about it. This is a public document and everyone has access to the related files and decision.</p>



<p>If the construction does not comply with the permit issued, anyone can inform the city and can take the owner of the building to court, as you will have an interest in doing.</p>



<p>That is what should happen, according to the law. The reality can be distressingly different.</p>



<p>Contacting the person and stating that the construction was illegal will probably have no effect on the situation. His behavior indicates that he does not care.</p>



<p>Within the Paris city limits, this is almost certainly part of the copropriété condominium type. There is a property manager called the syndic, whose mission is to enforce the bylaws and keep the building safe. Ordinarily, once the syndic is informed of the situation, he or she should visit the place, see the new construction and act against this clear violation. But if the dwelling was erected in a private garden, i.e. not in a common area of the building, as seems likely, the syndic’s mission is more complicated. Sad to say, most syndics I know of would do nothing about it, since it does not directly interfere with their daily tasks.</p>



<p>Another option is to raise the issue with your own copropriété and hence your syndic. There, in theory, you might get more support. Your brick wall is part of the common area, as it delimits the property. Weakening it creates a danger to people living there, i.e. the two of you. But even though your syndic’s mission is to enforce security, I am afraid you may have to lobby for a long time before you get some response, and even if a motion for the syndic to act is approved in a general meeting, it is possible that no action will be taken.</p>



<p>An obvious solution is to take the matter to the court and sue the person. The court chooses an expert to review the situation. Between paying a lawyer and the expert, a lawsuit would cost you about 10,000€. Even if the report is 100% in your favor, the man may refuse to accept defeat, keeping the place as is. Then you need to start a new procedure, based on the report, asking the court to rule in your favor and impose daily fines if the situation is not rectified by the court deadline. Such procedures can last for years and be very expensive, even when you win the case, as the court compensates only a fraction of your legal fees.</p>



<p>The one possible solution about which I am a little more hopeful is to get things going in your favor by contacting the building permit office. In Paris, you would go to the Pôle Accueil et Service à l’Usager, which is part of the city planning department. I still have some trust in the integrity of the civil servants working in that office. If you have tried personal contact, sending two or more registered letters, and if you have tried to get both syndics involved without any visible action, and if you can lay out very clearly the scope of the violation and the danger it creates, you may get a positive response from them.</p>



<p>Keep in mind that your case will not be their top priority, given that there are entire buildings ready to collapse, situations where buildings need to be evacuated, cases where the structure must be reinforced to avoid collapse, and so on. Objectively your problem is minute compare to these, but I believe the officials will pursue it slowly and silently until they order a visit on the premises to see the extent of the violation for themselves. They may decide that the danger is less than what you stated and requires only minor work such as soundproofing, if there is something against the wall to hold up the structure. But they could equally rule that the complete structure must be tore down, with the possibility of a criminal sentence if the person does not comply.</p>



<p>If you choose this option, you will need unlimited patience, as you will have next to no communication with the office for months. You must also put together a perfect file that shows technically why there is danger and how big the building is, and contains pictures taken from your windows, copies of all the letters you have sent, minutes of copropriété meetings and so on.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><em>CHANGES TO AN APARTMENT WHILE IT IS BEING SOLD</em></h2>



<p><em>After several years of living in France, I finally made the bold move of buying an apartment. Finding a decent place at a decent price felt like going through combat, as some places were beyond horrific.</em></p>



<p><em>At the time of signing the presale contract, la promesse de vente, we discussed whether anything would be left in the apartment in terms of appliances and furniture. There was an amazing refrigerator. I cannot remember seeing such a big and fancy one before, including in the USA. It was over 6 feet with the all features one could dream of. The seller valued it to be worth 1,000€ second hand. I had no idea if this was the right evaluation, as I understood that the higher we all agreed to value the appliances and furniture, the less I would pay in frais de notaire, which are in fact mostly taxes, with a tiny fraction being the notaire’s compensation.</em></p>



<p><em>I was shocked, when I visited the apartment minutes before the closing, to see a broken tiny refrigerator instead. I was fuming as I entered the meeting to sign. The man, the seller, never budged during the entire meeting. Both notaires tried to explain that the presale contract gave the list of appliances and furniture and it was binding. His answer the entire time was that the contract says a refrigerator and there is one, so the contract is being met. I was told by the notaires that they did not have any coercive power and there was nothing they could do. So, in the end, I gave in and signed, but I am mad as I believe I was the victim of a dishonest person. Could things have turned out differently? What should I have done?</em></p>
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<h2 class="wp-block-heading">ANSWER</h2>



<p>I understand how you feel. I would like to focus on the complete procedure of buying real estate in France and explain how things could have gone differently.</p>



<p>There are three steps in the purchase of real estate in France.</p>



<p>1 – Acceptance of an offer, when both the buyer and the seller agree on what is sold and for how much. At that time, preliminary agreement may be reached on what the property being sold includes, and what will or will not be left in the place, if anything. Some buyers want the place completely empty while others, like you, want some of the appliances and furnishings, which may have been custom made for the place and thus both difficult to move out and handy for the buyer to have.</p>



<p>2 – A presale contract is signed; it can be either a<em>&nbsp;promesse de vente&nbsp;</em>or a<em>&nbsp;compromis de vente</em>. The<em>promesse de vente,&nbsp;</em>legally speaking, means the buyer is buying an option to purchase the property under certain conditions. Like a futures contract, it can be exercised or not. If it is exercised, the initial payment goes towards the final payment on the purchase on the day of the closing. The<em>&nbsp;compromis de vente&nbsp;</em>is a final contract with some waivers, either mandated by law or added because the parties agree to it.</p>



<p>In both types of contract, the seller describes what is being sold, which is the property itself, as well as whatever is to remain inside. There is a list on which each item is mentioned and is given a value, exactly as in your case. Even though this list is not part of the real estate transaction, it is part of a contractual agreement, which is binding for both parties and cannot be changed unless both parties agree.</p>



<p>3 – The closing contract is in effect the title, since the<em>&nbsp;notaire&nbsp;</em>drafts a new title for each transaction. Also, the presale contract carries some provisions about defaulting on obligation. Depending on the contract the dates and amounts can be different. One thing is certain, if the seller does not meet his obligations, as in your case, there are penalties to pay. I am not sure how much you understood of what the notaires were saying. They are not there to enforce the contract and have no power to do so, but they could have explained better that if you waited, probably for a couple of weeks, and had the breach documented by a bailiff<em>&nbsp;(huissier),&nbsp;</em>you could have received financial compensation.</p>



<p>In short, the outcome would have been different if you had stated that there was a change in the contract against your will. At the same, I would like to ask if going through a legal proceeding, even a rather short one, would have been worth it just for a refrigerator, regardless of how gorgeous it was and how much you wanted it. Perhaps; it is not for me to say.</p>



<p>I would advise people in your situation to:</p>



<p>1 – make sure everything that matters is drafted and detailed in the presale contract so that it is binding on both parties,</p>



<p>2 – always make a last-minute visit to the place and check everything, including the cellar and maid’s room if included, to avoid last-minute surprises, and</p>



<p>3 – rely on the<em>&nbsp;notaire&nbsp;</em>to explain that the contract is binding and that there are financial consequences for breaching the contract; you might not go there but the threat is real and have the<em>&nbsp;notaire&nbsp;</em>read those provisions out loud several times if needed.</p>



<p>One last point: the<em>&nbsp;notaire&nbsp;</em>only deals with the purchase as defined in the contract, but there is also a need to settle the account between seller and buyer as regards the<em>&nbsp;taxe foncière,&nbsp;</em>condo charges paid and so on. The amounts owed on both sides may be such that the price of a refrigerator or whatever else is at stake can be compensated for in this way.</p>
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		<title>Money</title>
		<link>https://www.jeantaquet.com/money/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Fri, 01 Mar 2019 08:41:20 +0000</pubDate>
				<category><![CDATA[2019]]></category>
		<category><![CDATA[Brexit]]></category>
		<category><![CDATA[RENOVATION]]></category>
		<category><![CDATA[SOCIAL MEDIA]]></category>
		<category><![CDATA[Taxation]]></category>
		<guid isPermaLink="false">https://www.jeantaquet.com/?p=2364</guid>

					<description><![CDATA[March 2019 “Money” is an iconic Pink Floyd song, written by Roger Waters, from the 1973 album&#160;The Dark Side of the Moon. Like most of my generation, I owned the LP and listened to it endlessly. I am definitely a fan of their early albums, which include this one, although for me,&#160;Ummagumma&#160;synthesizes best what I [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>March 2019</em></h5>



<p>“Money” is an iconic Pink Floyd song, written by Roger Waters, from the 1973 album<em>&nbsp;The Dark Side of the Moon.</em></p>



<p>Like most of my generation, I owned the LP and listened to it endlessly. I am definitely a fan of their early albums, which include this one, although for me,<em>&nbsp;Ummagumma&nbsp;</em>synthesizes best what I like about their music, the atmosphere they created.</p>



<p>This is the last section of the lyrics:</p>



<p><em>Money, it&#8217;s a crime</em><br><em>Share it fairly but don&#8217;t take a slice of my pie</em><br><em>Money, so they say</em><br><em>Is the root of all evil today</em><br><em>But if you ask for a raise it&#8217;s no surprise that they&#8217;re</em><br><em>Giving none away, away, away.</em></p>



<p>Given the topics of some interesting debates right now, I thought this theme was a pertinent one to introduce this issue. Many discussions are being initiated by newly elected Democratic Representatives in the USA, putting forward policies that much of the American media sees as extremist or radical. Yet even for conservative leaders in Western European countries, similar policies are considered as givens and therefore non-political.</p>



<p>This is an example of how different the USA and continental Western Europe are in their government and administrative structure. I hope it will not bore my readers if I once again elaborate on the definitions of socialism and social democracy. I cannot remember how many times I tried to explain it during our 2008 summer vacation in the USA, when the words “socialist” and “communist” were applied to Barack Obama during his presidential campaign. I am pleased to see a growing number of elected officials now explaining these concepts again and outlining what they intend to do if their policies are adopted. As a Frenchman, I take no stand on whether these policies would be good or bad for the USA and the American people.</p>



<p><strong><span style="color:#5182FF" class="color">AN ICON IN PARIS HAS PASSED AWAY – PATRICIA LAPLANTE-COLLINS</span></strong><br>When I learned in early February that Patricia Laplante-Collins had died, and read so many remembrances from people who knew her well, I checked my records. She became my client in 1999, when she was still called Patricia Collins, and I helped her with the usual administrative issues foreigners can have in France. My last assignment for her was in 2004, when she was already quite successful with her new enterprise – Paris Soirées, a series of social and networking events that she held in her home or, later, in restaurants.</p>



<p>She invited me a few times as a speaker. The last time was in April 2005. By then she was focusing more on art and culture, Parisian stories and history, often from the viewpoint of African-Americans in Paris. Thus my usual topics, such as immigration, were a lot more boring than those provided by other guests.</p>



<p>I have known steady couples who met at Paris Soirées gatherings. Over the years, I followed Patricia’s several moves from afar, watching as her business grew and she became an icon for the American community. Even though not everybody attended her gatherings, everybody seemed to know about them. With her disappeared a cultural event that will be dearly missed by many. Rest in peace, Patricia.</p>



<p><strong><span style="color:#5182FF" class="color">THE OPPOSITION BETWEEN CAPITALISM AND SOCIALISM</span></strong><br>The so-called new Democrats or young Democrats, or even Social Democrats, depending on what media one follows, are proud to announce themselves as socialist and be known as such. Only about ten years ago, that word would have disqualified any American politician: it was considered offensive and un-American. But Bernie Sanders, an avowed socialist, ran in the last presidential campaign with a good deal of success. That showed vividly that something had fundamentally changed in American politics. This was confirmed in last November’s midterm election, when people were elected to the House of Representatives claiming to be associated in one way or another with socialism.</p>



<p>The word is widely being used inaccurately. Many Americans today talk about Venezuela as an illustration of socialism, when it is the Scandinavian countries that have best embodied social democratic ideals.</p>



<p>There are four main schools of socialism, which differ considerably.</p>



<p>The first was founded by 19th-century French Utopian philosophers; among the best known are Mr. François Marie Charles Fourier and Mr. Pierre-Joseph Proudhon.</p>



<p>The second we owe to Karl Marx, who took the work of the French philosophers and developed a historical prediction regarding the political future of the world. By doing so he established a new definition of socialism and elaborated in a new way on the historical concept of communism – a theory or system of social organization in which ownership and control of the means of production and distribution, capital, land, etc., are vested in the community as a whole.</p>



<p>The third version, which was in fact a perversion of the first two, was popularized by Hitler under the name National Socialism, better known by its German contraction, Nazism.</p>



<p>The fourth school of socialism was founded by the German Marxist reformer and social democratic politician Mr. Eduard Bernstein in the early 20th century. This is social democracy as best known today; in Wikipedia’s definition, “a political, social and economic ideology that supports economic and social interventions to promote social justice within the framework of a liberal democratic polity and a capitalist economy.” The first government to fully embrace it, in the form of what became known as the Nordic model, was that of Sweden in 1932.</p>



<p>The USSR was founded on Marx’s theory, with private ownership banned and everybody working for the well-being of everybody. The country ended up being a terrible dictatorship that challenged the USA, conquering space before the Americans and wielding military and nuclear power, dominance in sports, and worldwide political influence. Its successor, the Russian Federation, has never achieved this kind of leadership.</p>



<p>Most Northern European countries have lived for decades with social democrat leadership. At the Nordic model’s peak, the Scandinavian countries offered security from cradle to grave when it came to money and housing. Education, health care, highways are free, housing is largely subsidized and unemployment benefits are part of life and enough to live on.</p>



<p>Many multinationals arose after WWII in Germany, which also adopted a form of social democracy, so clearly such a regime is not the enemy of capitalism.</p>



<p>The fundamental question being asked now in the USA involves a choice between two very different political visions.</p>



<p>One arises from the iconic image of the self-made American, alone, successful, with little to no interference from the state, which is limited to guaranteeing security with the army and police and to building and maintaining public infrastructure. More recently, the state’s role has been extended to financially taking care of the elderly and poor with Medicare, Medicaid and Social Security. All three are socialist by nature and were fought as such when created. Nevertheless, at this point the USA already has some socialist programs.</p>



<p>The other vision stems from the time of the New Deal and WWII, when the federal government got heavily involved in people’s lives, creating jobs and raising income tax to the highest level the USA has ever known. For a historical perspective on this critical issue, consider this: the top marginal tax rate was 58% in 1922, 25%in 1925 and 24% in 1929. In 1932, during the Great Depression, the rate was increased to 63% and thereafter steadily increased, reaching 94% in 1944 on income over $200,000, equivalent to $2,868,625 in 2018 dollars.</p>



<p>Today the American political debate is or should be about the legacies of two American presidents, Ronald Reagan and Franklin Delano Roosevelt. (I realize this debate is affected by other issues, notably certain criminal investigations.)</p>



<p>Here are two examples illustrating the differences between the two visions:</p>



<p><strong>1 – Health care</strong><br>A large portion of the French worker’s earnings finance health care programs, but an even larger portion of the American worker’s earnings finance a similar package of benefits from the private sector. The key difference is that in France, the employee and employer combine to pay social charges and taxes, while in the USA, the employee and employer pay a combination of premiums (health and retirement plans) and taxes for the basic social protection part of the costs. It is generally accepted that public health care programs, also called single payer systems, are more efficient and cheaper, and often result in more immediate treatment, especially in hospital emergency rooms.</p>



<p>Covering everybody, as President Obama intended to do, would make the cost of health care cheaper in the long run because the fear of medical bills would no longer discourage people from getting regular checkups. In the long run, what originally seemed to be the high cost solution would actually end up costing the least. Since 1986, most banking and insurance companies, as well as the health care industry (health insurance, pharmaceutical firms and private hospitals), have generally chosen to act from greed alone and have not served the interests of the American nation. Should the USA ever adopt a single payer program, this would not make it a social-democratic country; it would merely mean it has added one more social program to the existing ones.</p>



<p><strong>2 – The 2009 GM bailout</strong><br>To take just one small aspect of the Obama bailout package during the Great Recession, did the “Cash for Clunkers” program have the desired effect of getting people to buy new cars and thus help keep car makers solvent? It happened that good business news came out after the program was implemented, and this resulted in rebuilding trust in the future and in the strength of the American economy. This good news gave hope to the public that a brighter future was near. Hope and the good news that nourishes it are important variables when measuring the success of an economic policy. If getting out of the financial crisis costs taxpayer money by subsidizing so-called “poorly manufactured American cars” and deferring the consequences of the free market system of supply and demand, then this is a small price to pay compared with having the crisis last for many months or years, destroying more lives and businesses.</p>



<p>This and other examples illustrate that socially motivated policies aiming for the greater good of the entire population have been implemented again and again in the USA and therefore are totally compatible with what the USA stands for.</p>



<p>I do not believe the USA can ever come even close to the extent to which social democracy existed in Sweden. But it is possible, and even probable, that more federal and state social programs can be added to the existing ones. Today more and more American politicians are advocating free education, single payer health coverage, decent unemployment benefits, maternity leave and so on. This would be no more than following the legacy of FDR. Yes, doing so requires raising taxes. This is probably the one critical political issue that must be addressed head on. The federal government also needs a lot more methods of preventing corporate money from influencing policy. I would like to remind my readers that in March 2016, more than 40 American millionaires proposed that New York raise taxes on the wealthy, under what they called a “1% plan for fairness.” I will address this issue further next month in a discussion of the latest Davos forum. For those interested right now, here is a link.</p>



<p><a href="http://www.theguardian.com/business/2019/feb/01/rutger-bregman-world-economic-forum-davos-speech-tax-billionaires-capitalism/" target="_blank" rel="noreferrer noopener">http://www.theguardian.com/business/2019/feb/01/rutger-bregman-world-economic-forum-davos-speech-tax-billionaires-capitalism/</a></p>



<p><strong><span style="color:#5182FF" class="color">BREXIT IS HERE AND FRANCE HAS RULED </span></strong><br>Faced with the likelihood of chaos the day after the Brexit deadline, March 29th, France seems to have put together a solution in case there is no deal. British citizens who can prove they established their residence in France prior to Brexit will have a year to go to the prefecture and ask for immigration status based on the nature of their stay in France.</p>



<p>This is good news for the many I know who are still undecided and waiting to see what kind of Brexit is voted on. Most analysts now think the most probable scenario is “no deal,” which means the UK and EU do not sign an agreement addressing all the pending issues linked to Brexit. Such an agreement has yet to be endorsed by the Parliament, and due to the time constraints involved in reaching such a deal, the chances of this happening are now very slim.</p>



<p>British people living in France should not be worried about their ability to obtain a<em>&nbsp;carte de séjour.&nbsp;</em>Even though they will be subject to the regulations for non-EU citizens, there are so many grounds on which to issue one that it is almost certain they will fit one of those cases.</p>



<p>Nevertheless, I urge British citizens living in France to secure an appointment with the prefecture BEFORE Brexit. The difference is huge. Before Brexit the applicant gets an EU card, which offers all the rights to work and is issued on the basis of fiscal/legal residence in France. I repeat: After Brexit, based on the information I have, the request will be linked to proof that the applicant falls under at least one of the grounds for issuing a non-EU<em>&nbsp;carte de séjour.&nbsp;</em>That is not the same thing by any means.</p>



<p><span style="color:#5182FF" class="color"><strong>SOCIAL MEDIA AND BEING A PROFESSIONAL</strong> </span><br>As time goes by, I can see how old fashioned I am. This is how I see modern communication:</p>



<p>Emails are professional; I write them like I would write an old-fashioned letter, maybe a tad less formal. A text message is either to state that I am on my way to an appointment, or it is a private, non-professional communication. Facebook is volunteer activity; I end up getting clients this way, and to my mind, it is the same as clients coming to me by reading my column, which is free either by email or on my website. Facebook Messenger is the same, although when the questions are too professional for my taste, I ask to receive an email so I can address the issue properly. WhatsApp is great for sending pictures when I deal with the condition of an apartment or a building; I discovered that it can be a great alternative to Skype to have this kind of meeting. But aside from that it is more a personal and private way of communicating.</p>



<p>I do not mind appearing as old-fashioned – I have the excuse of turning 60 pretty soon. The key reason for my choice is that I prefer working with a format and size of screen that lets me feel I am drafting a professional document that has some structure. Being French, and having gone through my entire education in France, I need to write in an orderly fashion.</p>



<p>So please be tolerant of my inability to juggle social media outlets. Going through my website or sending an email directly is the best way to reach me, and lately just about the only way, as I have less and less opportunity to pick up the phone since I am usually in a meeting or outside the office.</p>



<p><strong><span style="color:#5182FF" class="color">MY DAUGHTER LUCILLE HAS LEFT FOR SOUTH KOREA</span></strong><br>My daughter Lucille has left for South Korea. I have been very open about the impressive project Lucille has been working on for years now, to live in South Korea. She has gone without any sponsor or on-the-ground support. She has studied the country for years, and her Korean is sufficient for her to be autonomous. This is a huge endeavor for a 27-year-old: she will be living there for a year. My son went by himself to Ghana for almost two months, and my wife and I travelled extensively during our 20s. As we say in French, a new page in Lucille’s life has been turned.</p>



<p><strong><span style="color:#5182FF" class="color">OFFICE CLOSED FOR MY 60th BIRTHDAY</span></strong><br>The office will close for slightly over two weeks for this occasion. It will start on Friday June 14th evening and will reopen on Tuesday July 2nd morning. As always, I will only be reachable by email for emergencies and important matters as I will be out of France. The service I offer of receiving mail for clients will continue while the office is closed. I have not figured out how I will send the July issue considering the situation.</p>



<p>Best regards,</p>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>FILING TAXES IN FRANCE WITH THE WRONG ID NUMBER<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I recently registered as self-employed through the URSSAF website. I am trying to contact Sécurité Sociale to find out how I can send them my dossier to get my carte vitale and be able to log on to my URSAFF account and pay my cotisations, but I&#8217;ve been run around to different phone numbers for three hours. One answer I got was that I’ll receive a bill, so I don’t need to declare. I really want to get this information squared away because I think I should be declaring my income and I want to make sure I&#8217;m doing everything right. I&#8217;m really frustrated and can&#8217;t get anyone to give me a straight answer about getting organized!</em></p></div></a></div>



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<p>You need to know that in France we get many ID numbers, of which we might know only one or two by heart. Unlike in the USA, our Social Security number only works for health coverage and retirement. The tax office, business registration and URSSAF (the social charges collection agency) each use a different number. This seems a nuisance at first and totally confusing, until you realize there is almost no identity theft in France because knowing someone’s Social Security number does not allow access to any other pertinent information.</p>



<p>Therefore, I need to break down the issues you have unknowingly raised because you are dealing with multiple agencies. First, you are dealing with two completely separate authorities, each of which deals with issuing a different critical ID number, and they exchange information only when they have to.</p>



<p>One is URSSAF, which has registered you as self-employed, probably as<em>&nbsp;profession libérale,&nbsp;</em>if you did it right. This means you started a consulting activity. It issues your SIRET/SIREN number and APE/NAF code. (There’s no need to know what they stand for, but SIREN, for instance, is Système d&#8217;identification du Répertoire des entreprises.) First comes your business ID number. The SIRET number is the complete one, which includes specifics about what you are doing and where; the SIREN is just the first nine digits of SIRET, and you keep it for life. The APE/NAF code broadly identifies the nature of your activity. SIRET and APE must appear on your letterhead and invoices, and many people put them on their business cards to show that they run a legitimate business.</p>



<p>About two weeks after your register the business, INSEE, the French statistics office, issues a statement containing these numbers, which – and this is very important – are definitive once you receive them. That means you can register with them on the URSSAF site, create your account and get set up to be paperless and have payments made through the site.</p>



<p>The other authority is Assurance Maladie, whose branches are called&nbsp;<em>caisses primaires d’assurance maladie&nbsp;</em>(CPAM). Its situation has changed radically under President Macron. Before, there was a separate division for independents. But there were a lot of problems with the Régime Social des Indépendants (RSI), so the government shut it down and moved everything regarding health coverage for self-employed workers to Assurance Maladie, which has managed the coverage by default ever since it was created right after WWII. This is where your problem lies, because it is this authority that will eventually issue your definitive social security number.</p>



<p>Assuming that you were born in the USA and are a woman, this is how a French social security number is constructed. Virtually the entire number is based on the location and date of birth.</p>



<p>Take, for example, the number 2 64 04 99 404 xxx xx</p>



<ul class="wp-block-list"><li>2 is for a woman (a man’s number would start with 1)</li><li>64 is 1964, the year of birth</li><li>04 is the month of birth, i.e. April</li><li>99 means the person was born outside France</li><li>404 stands for the USA, the birthplace.</li></ul>



<p>Then come three digits issued by the computer system, followed by two digits called the key, which are the result of a complex mathematical formula.</p>



<p>Once you receive the number showing all this, you know you have the definitive one. The reason it takes so long to get the definitive number is that INSEE needs official proof of this information, so you have to produce an original birth certificate (or a copy of excellent quality) and official translation of it – although the latest news is that no translation is needed if the document is in English.</p>



<p>Before that, INSEE quickly produces a temporary number based on the most reliable information, the date of birth. The rest is filled out with the digits 0 and 9. No website recognizes a temporary number because it does not match the information the organization has about you. Furthermore, it is common for INSEE to issue several temporary numbers before the definitive one. The entire process takes about a year. The main reason is that INSEE asks the authorities in the city of birth to confirm the information found on the birth certificate, even when it is an original certified under the Hague Convention. Try to imagine an American civil servant, probably at city hall, receiving this seemingly odd request. Chances are that at least the first one goes in the trashcan without a second thought.</p>



<p>Hence, creating your account takes a long time. Rest assured, you have health coverage and your temporary number allows for reimbursement of health expenses. At the hospital you are not asked to pay upfront.</p>



<p>You mention declaring income because you are an independent and you were told you only need to declare once a year. You are mistaking your fiscal status for your status as an independent. An<em>&nbsp;auto-entrepreneur&nbsp;</em>submits a quarterly declaration of the amount of sales and pays the related social charges; those who opt for it also pay the related income tax at the same time. The classic status requires one annual declaration in April, with the payment amounts adjusted the following autumn. (This is why many independents in France complain that they are broke at Christmas time.) URSSAF calculates the amount you pay throughout the year and sends you a payment schedule you at the beginning of the calendar year.</p>



<p>The last income declaration for the tax office is done mostly in May, with the deadline varying from about May 15th to May 21st. Those two have little do one with each other.</p>



<p>In short, no need to be frantic about registering and declaring your earnings. It will come in due time, and due to the status you chose, you will get the documents in the mail, so make sure your postal mail is reaching you in a secured way.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><strong><em>ILLEGALLY RENOVATING A HOUSE IN FRANCE</em></strong></h2>



<p><em>We are an American couple trying to buy a large property in the South of France. Just before signing the first contract (compromise de vente) with the real-estate agent, we learned that almost the entire main house burned and was rebuilt about five years ago, in 2013. The seller confirms that the structural work was done with contractors but without the insurance policy called dommage d’ouvrage and without any supervision of an architect. The seller also confirms the “smaller work” was done by family members throughout 2014, including:</em></p>



<ul class="wp-block-list"><li><em>installing the heating system,</em></li><li>upgrading the electricity network,</li><li>creating two bathrooms upstairs,</li><li>installing the wooden floor everywhere on the ground floor.</li></ul>



<p>Finally, the seller refuses amendments stating that the seller retains the full responsibility for the complete rebuilding.</p>



<p>The property is perfect for running a B&amp;B, and it would not take much upgrade to have a wonderful place to live and run such a business. Are we taking any risk going through with this purchase?</p>
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<p>I can sum up my advice in two words: RUN AWAY!</p>



<p>Let’s review one illegal thing after another so you can see what is wrong at each step.</p>



<p>The first big problem is that the house was rebuilt without an architect or a request for a building permit. A building permit is not needed if the house is rebuilt so as to be scrupulously identical to what existed before the fire. But in this kind of situation, things are almost always changed, even if people are just following their desires and changing a few minor things. This makes the reconstruction illegal.</p>



<p>Having an architect involved would have made this operation a lot safer. As a professional, the architect can identify which tiny changes strictly inside the house do not require a building permit, and which ones do.</p>



<p>This is a big deal because of the statutes of limitation that apply. There are three to keep in mind. For any aspect that proves to be criminal, it is three years, so that has already passed. Regarding action by a third party, it is ten years. The release of absolutely all liabilities is thirty years. The risk is that anybody can file a lawsuit against you for another four years without having to prove that they suffered damage; all they have to prove is that the reconstruction was illegal. I have no idea where you are buying, but it would not take much for you as a foreigner to upset someone in the vicinity, probably without realizing it. All it takes is someone who wants revenge to get the information and your life becomes hell, with a difficult court battle to win.</p>



<p>Another huge big deal is the lack of<em>&nbsp;dommage d’ouvrage&nbsp;</em>insurance. Buying such a policy before having any construction work done is required by law. This policy covers immediate repairs in case anything goes wrong with the building work, including all damage repair work covered by the ten-year guarantee that all contractors must have, and all of this happens without waiting for a court decision. Not having this policy means that if you discover a construction problem, you will face a difficult lawsuit against the contractor, who is not likely to voluntarily file a claim with his insurance company. The only way you might have some reassurance and guarantee as to the quality of the work is to obtain all the bills paid to the contractors. (Note that good contractors often mention on their letterhead who insures their business.) If the seller refuses to give you the bills, you might have no information except the contractors’ names. Then it becomes virtually impossible to get the ten-year guarantee enforced.</p>



<p>Those are the issues regarding the structural work. The second set of issues is just as bad. Unlike in the USA, few people dare to install the electrical system of a house by themselves, and even if they did, getting it approved by the authorities for use would be quite difficult. Without knowing what “upgrading the electricity network” describes, you could have an uninsurable house until you verify that everything is up to code. This means hiring an electrician, who I am sure will find things to fix, for which you will pay.</p>



<p>The installation of two bathrooms upstairs was legal as long as the plumbing is great. As for the heating system installation, the legality depends on the nature of the system. I doubt that only a set of radiators has been installed; that would have been described differently. It is unlikely to be a fuel-burning furnace because that would have meant putting a tank in the ground, which would have been noted in the list of the structural jobs. The system most likely to fit the description is a gas furnace. If that is the case, just like with the new wiring, you will need an inspection to get approval, which means hiring a professional, with the same risk of having to pay for repairs.</p>



<p>And that is not even the worst part. Running a B&amp;B almost always means being affiliated with Gîtes de France, Gîtes Ruraux or Relais et Châteaux, depending on the quality of the services and premises. It is virtually impossible to run a successful B&amp;B business without such affiliation. All three organizations would inspect the premises and want to see the building permit, the architect’s reports, the contractor’s invoices and so on. If you buy this property without any solid documentation, the lack of such will prevent you from exploiting your purchase as planned. Better not to buy at all.</p>



<p>If you are set on your plan to run a B&amp;B in the French countryside, run away from this place and find another. Most important: Learn from this experience. Ask for the title and the initial building permit. That way you will not waste your time on unsuitable properties.</p>
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<div id="kt-info-box_f44d54-65" class="wp-block-kadence-infobox"><div class="kt-blocks-info-box-link-wrap kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">DISCLAIMER<br/><br/></h2><p class="kt-blocks-info-box-text">Please forward this message to all those who would be interested in its contents. The information contained in this newsletter is intended only as general information. I strongly urge readers to seek professional guidance concerning the legal and tax matters mentioned. This newsletter is intended as a general guide and is not to be taken as professional advice.<br/></p></div></div></div>
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		<title>The Sound of Music</title>
		<link>https://www.jeantaquet.com/the-sound-of-music/</link>
		
		<dc:creator><![CDATA[Jean]]></dc:creator>
		<pubDate>Sun, 01 Jul 2018 06:36:59 +0000</pubDate>
				<category><![CDATA[2018]]></category>
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		<category><![CDATA[RENOVATION]]></category>
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					<description><![CDATA[July-August 2018 I would like to wish all of you a great summerand a very nice vacation;I will start mine in about three weeks From Wikipedia“The Sound of Music&#160;is a 1965 American musical drama film produced and directed by Robert Wise, and starring Julie Andrews and Christopher Plummer, with Richard Haydn and Eleanor Parker. Based [&#8230;]]]></description>
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<h5 class="wp-block-heading"><em>July-August 2018</em></h5>



<p><strong>I would like to wish all of you a great summer<br>and a very nice vacation;<br>I will start mine in about three weeks</strong></p>



<p>From Wikipedia<br><strong><em>“The Sound of Music&nbsp;</em></strong>is a 1965 American musical drama film produced and directed by Robert Wise, and starring Julie Andrews and Christopher Plummer, with Richard Haydn and Eleanor Parker. Based on the memoir<em>&nbsp;The Story of the Trapp Family Singers&nbsp;</em>by Maria von Trapp, the film is about a young Austrian woman studying to become a nun in Salzburg in 1938 who is sent to the villa of a retired naval officer and widower to be governess to his seven children. After bringing and teaching love and music into the lives of the family through kindness and patience, she marries the officer and together with the children they find a way to survive the loss of their homeland through courage and faith.</p>



<p><strong>Maria Augusta von Trapp</strong>&nbsp;(January 26th 1905 – March 28th 1987), also known as<strong>&nbsp;Baroness von Trapp,&nbsp;</strong>was the stepmother and matriarch of the Trapp Family Singers. She wrote<em>&nbsp;The Story of the Trapp Family Singers,&nbsp;</em>which was published in 1949.</p>



<p>After performing at a festival in 1935, they became a popular touring act. They experienced life under the Nazis after the Anschluss, i.e., the annexation of Austria by Nazi Germany, which took place on March 12, 1938. Life became increasingly difficult as they witnessed hostility towards Jewish children by their classmates, the use of children against their parents, and finally by the induction of Georg into the German Navy. They visited Munich in the summer of 1938 and encountered Hitler at a restaurant. In September, the family left Austria and traveled to Italy, then to England and finally the United States. The Nazis made use of their abandoned home as Heinrich Himmler&#8217;s headquarters.”</p>



<p>The American media is buzzing and it feels like every hour there is a new tweet, a new statement. Comparisons are made, and the people offended express their indignation.</p>



<p>I use comparison to explain things, to help people understand foreign concepts and so on. It is now common to hear comparisons of what is happening in the USA to the period mentioned above.</p>



<p>From a technical and historical point of view, I find these comparisons inaccurate, even though I believe asylum seekers are by definition covered by the Geneva Convention and therefore can exercise their rights to ask for asylum in whatever country they choose. Considering such people criminals is wrong from a legal point of view, and it is wrong to persecute them.</p>



<p>The Trapp family’s final destination was the USA. They ended up living in Morrisville, Vermont. My wife and daughter can sing the soundtrack of this movie from beginning to end. I know the movie quite well and like everybody else I enjoy the sweet and/or comic scenes which constitute the vast majority of it. One character often overlooked is the father, Georg von Trapp. He is part of the Austrian aristocracy, a senior officer in the Austrian armed forces. He is as strict and stiff as an old-fashioned father can be, even according to the standards of that time. When he is told to go along with the flow and remain quiet, he rebels, and he publicly denounces the loss of Austrian sovereignty. The consequence is that the entire family has to flee the country to seek asylum elsewhere. The movie is not 100% accurate as to how the family sought asylum, but it is a fact that they managed and settled in the USA with this status.</p>



<p><strong><span style="color:#5182FF" class="color">FEELING UNSAFE IN THE USA WITH TEENAGERS </span></strong><br>I have been in business for over 20 years. When George Bush Junior was elected, I noticed a surge of people who wanted to move to France. The reality is that most of them had already been thinking about it for a while and the presidential election just accelerated the process. Lately, I have seen Americans deciding to move to France because they refuse to live in the USA while President Trump remains in office.”</p>



<p>A few weeks ago, I received a call from a woman living in the USA with her 12-year-old daughter. She had decided to send her daughter to live with her father, who lives near Montpellier, France. They have been divorced for many years and yet the father has never paid any child support. The court awarded her full custody of the child with visiting rights for the father, who rarely exercised them. I asked about her motivation, saying<em>&nbsp;“Why do you want your pre-teen daughter to live in France with a father she barely knows?”&nbsp;</em>Her answer chilled me to the bone. She first mentioned school shootings and said she thought they were living where these incidents usually happened. She added that life in the United States today is more dangerous than in Montpellier. Her ex-husband lives in a small village on the outskirts of town, where there is less danger than in a big town, and she felt her daughter would be safer living with him.&nbsp;I believe that a significant part of feeling scared lies in perceptions, and rarely is it an accurate reflection of the danger. I am convinced that her fears do not reflect the reality of the situation, even though she lives in a dangerous area.</p>



<p>It is undeniable that school shootings occur and it could appear that nothing is being done to stop them. Similarly, even though the #metoo movement has opened up the topic of sexual harassment, which makes for a safer environment, it can lead to the impression of an epidemic of harassment since so many stories are becoming public. Bullying is being discussed with more fervor, while schools take more positive action. I conclude the fear is real here, and since I do not have all the details of her life, I can only assume that her plan is not a hasty decision. It is true that attending French middle school for several years would enrich this young girl’s life and there are clear benefits to the idea. In fact, the woman did put the benefits first when she called.</p>



<p>I am still wrestling with this choice, however. How can a mother send her daughter to France, with all the uncertainties and potential risks involved? It is bound to be quite traumatic for all. It feels to me like a desperate decision, choosing between two evils.</p>



<p><strong><span style="color:#5182FF" class="color">DEVELOPMENTS ON SHORT-TERM LODGING IN FRANCE</span></strong><br>The new administration in France is more conservative than expected at the time of the election. Nevertheless, the fight to restrict very short-term rentals continues pretty much the same way. One recent change is that the current administration has figured out that French fiscal residents are involved in this activity and they can be caught because of the tax implications. It has always been true that the easiest way to nail someone involved in an illegal activity is often through tax laws concerning the income they generate.</p>



<p>I would like to address three principal issues here:</p>



<p><strong>First, in mid-June&nbsp;</strong>URSSAF sent out a memo about how to declare the income generated from short-term rentals. If the annual gross income thus produced is less than 23,000 euros, all one needs to do is mention it on the standard income declaration form. Such rentals cannot be what is called<em>&nbsp;location de chambres d’hôtes et de meublé de tourisme,&nbsp;</em>although I have a hard time coming up with what else to calls such rentals.</p>



<p>If the annual gross income is between 23,000 and 70,000 euros, the owner must declare this as a professional activity. This means obtaining a SIRET number (tax ID number) and paying social charges on the profit made. But the activity can be done under<em>&nbsp;auto-entrepreneur status</em>.</p>



<p>The above concerns purely the fiscal side and says nothing about registering the activity at City Hall.</p>



<p><strong>Second, on June 9th the Assemblée Nationale&nbsp;</strong>(lower house of parliament) voted to start the legislative process on a bill dealing with, among many other things, Airbnb-type rentals. As a result, several provisions will now be better enforced, and there are also new regulations. A primary residence can only be rented 120 days per year. The owner must make an annual declaration to City Hall on how many nights the place was rented out. Fines for non-compliance will be between 5,000 and 10,000 euros. Websites such as Airbnb must verify that every ad is legal, i.e., that the owner has registered the activity with City Hall. The companies managing Airbnb-type rentals can now be fined between 10,000 and 50,000 euros if there are ads without such registration.</p>



<p>“Our targets are individuals who buy apartments dedicated to short-term rental”<em>&nbsp;(Notre cible, c’est ceux qui achètent des appartements pour faire de la location à court terme),&nbsp;</em>said Sylvain Maillard, an elected official at Paris City Hall who belongs to President Macron’s party.</p>



<p>One last thing: city employees will have the authority to monitor the concerned websites and apartments.</p>



<p>Just to show the diversity of the topics covered by the bill, victims of domestic violence will not be liable to pay rent once they decide to move out to seek safety. The law states that the spouses are legally obliged to pay the rent unless a formal notice has been given to the landlord. In the case of domestic violence, the process that terminates the lease is respected, for obvious reasons. This is common sense, but a provision needs to be voted in to make it possible.</p>



<p>Owners renting out slums risk having their property confiscated and being prevented by law for five years from buying any real estate in France.</p>



<p><a href="https://abonnes.lemonde.fr/politique/article/2018/06/08/locations-type-airbnb-l-assemblee-vote-des-sanctions-accrues_5311995_823448.html">https://abonnes.lemonde.fr/politique/article/2018/06/08/locations-type-airbnb-l-assemblee-vote-des-sanctions-accrues_5311995_823448.html</a></p>



<p><strong>Third, on June 23rd&nbsp;</strong><em>Le Monde&nbsp;</em>published an article about landlords getting out of Airbnb-type rentals, even when it is done 100% legally.</p>



<p>There are several reasons. The main one seems to be the very high maintenance needed. Because guests stay for short periods, the wear and tear is much higher than with a normal rental. Furniture and appliances need to be repaired and/or changed frequently, as does the bedding. Paying for the cleaning lady, handyman and perhaps a manager to keep the place ready to rent is quite costly.</p>



<p>Also mentioned was the ever-present risk of one tenant destroying the place. Often the apartments used for short-term rentals are inherited, or the owners used to live there. Hence there may be considerable emotional attachment involved, in which the place is not an investment or a revenue source, but is loaded with memories. During the walk-through one might hear about three decades of family history!</p>



<p>Another complaint is one that I find very symptomatic of the French apartment rental sector: French owners do not want to satisfy guests’ wishes to the extent needed to get a good grade on the site and thus maintain good referrals. The French tend instead to feel that guests should be happy with what they get as long as the place is good enough for sleeping.</p>



<p>This shift is not yet obvious, as so many people still do Airbnb-type rentals. But for people who need a place to stay when they arrive with their immigration visa in hand, it helps to know that there are likely to be more and more apartments available for longer-term rental, three to six months at a time. Such places are vital for new arrivals, enabling them to take care of immediate needs such as securing the immigration status related to their long-stay visa, and being able to open a bank account with a stable address, to mention the most obvious ones.</p>



<p><a href="https://abonnes.lemonde.fr/argent/article/2018/06/23/logement-les-limites-de-la-location-de-courte-duree_5320031_1657007.html">https://abonnes.lemonde.fr/argent/article/2018/06/23/logement-les-limites-de-la-location-de-courte-duree_5320031_1657007.html</a></p>



<p><strong><span style="color:#5182FF" class="color">SUMMER VACATION: PERIOD THE OFFICE IS CLOSED THIS SUMMER</span></strong><br>The office will be closed for less than a month, starting Friday, July 23rd. It will reopen on Monday, August 20th. 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. Prefecture appointments already scheduled will not be affected – I will be there.</p>



<p>I would like to remind everyone that there will be no August issue.</p>



<p>Best regards,</p>



<div id="kt-info-box_92907f-9c" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-left kt-info-halign-left kb-info-box-vertical-media-align-top"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/JeanTaquet-2.gif" alt="" width="147" height="132" class="kt-info-box-image wp-image-1932"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title"></h2><p class="kt-blocks-info-box-text"></p></div></a></div>



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<div id="kt-info-box_9ee5fb-4e" class="wp-block-kadence-infobox"><a class="kt-blocks-info-box-link-wrap info-box-link kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-blocks-info-box-media-container"><div class="kt-blocks-info-box-media kt-info-media-animate-none"><div class="kadence-info-box-image-inner-intrisic-container"><div class="kadence-info-box-image-intrisic kt-info-animate-none"><div class="kadence-info-box-image-inner-intrisic"><img decoding="async" src="https://www.jeantaquet.com/wp-content/uploads/2022/08/qetA-01-300x153-1.png" alt="" width="300" height="153" class="kt-info-box-image wp-image-1870"/></div></div></div></div></div><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">QUESTION<br/><br/><em>CHOSING BETWEEN A CARTE BLEUE EUROPEENNE AND SELF-EMPLOYED IMMIGRATION STATUS<br/></em><br/></h2><p class="kt-blocks-info-box-text"><em>I am an American, working and living in Paris, who has been living and working in France with a carte bleue européenne visa (I have lived in France for 2 years). However, I am considering switching to the self-employed status, which will I think require a visa change to something like profession libérale or another visa.<br/>Is this possible?</em></p></div></a></div>



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<p>First, as you hold a carte de séjour, and your concern is whether you need to change this card, you are way past the visa step. The requirements for obtaining a carte bleue européenne mainly concern the high salary that must be earned in France – 53,836.50 euros a year or 4,486 euros a month.<br>There are two key things to remember about this immigration status:<br>1 – It lasts four years.<br>2 – The prefecture is the only authority reviewing the request, so no specific right to work as an employee is being sought from DIRECCTE.</p>



<p>The carte bleue européenne is granted to applicants in reasonably high management positions. Among the benefits it confers is the right to work as an employee in other European countries.</p>



<p>It is clear that you wish to change careers halfway through the duration of your immigration status. But in my view, you should reconsider your plans, because the solution you have in mind is probably the worst one you can choose. You want to work as an independent and quit your current job. You do not go into detail, but I assume you would be a consultant, which means selling services, possibly to French and international clients.</p>



<p>Portage salarial companies enable consultants to have a career as an independent while still technically being an employee. The major drawback of this solution is that it is very expensive because taxation and the social charges in France are so high. The major advantage for you is that it would give you an employee position. You would then need to see how you can retain your current carte bleue européenne in this case</p>



<p>I see three possible scenarios. From the best to the worst, based on the goal mentioned above, they are as follows:</p>



<p>1 – You already have a good clientele waiting for you and therefore you know that your sales will exceed the minimum needed to comply with the salary the carte bleue européenne requires. You sign up with a portage company and start working. Now, it depends on the prefectures whether they either want to be informed of the change of employer or not. So you delay until you have your first pay slip. Since your salary qualifies you for the same card, you are ready to give the related documents to the prefecture if they are required. The bottom line is once you give them the pertinent documents, the prefecture might spend some extra time reviewing your situation since it is unusual for a carte bleue européenne, but should be the extent of what is required.</p>



<p>2 – Your consulting business gets off to a slow start and therefore your salary does not meet the minimum required. In this case it is certain that the prefecture will call you in, since they now have direct access to nearly all the major databases of the French administration and thus can easily see how much you make via the tax office or URSSAF computer system. At the appointment with the prefecture, they take your card away from you and start the procedure for a carte de séjour mention salarié by sending the file to DIRECCTE. Chances are if you have a good income by French standards the request will be accepted. In other words, this is an acceptable risk if you know that within a couple of months your monthly gross salary will be at least 2,200 euros, which requires a very good business plan.</p>



<p>3 – You do not have a clientele waiting for you and therefore you know that your compensation cannot match the minimum salary required for either type of carte de séjour. Common sense says it would be premature to change your professional situation in this case. But if you have compelling reasons to start your consulting business and you cannot wait, ask the prefecture for an appointment to change your carte de séjour for the one called profession libérale classique.</p>
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<h2 class="wp-block-heading">QUESTION</h2>



<h2 class="wp-block-heading"><strong><em>WHEN RENOVATIONS VOTED BY THE OWNERS’ COUNCIL GO WRONG</em></strong></h2>



<p><em>I bought an apartment in Paris about 15 years ago as I thought I would be relocated in Germany. This did not happen but I still have it and am making the best of the situation. All these years the building has been more or less reasonably managed. A couple of years ago, the general meeting voted the renovation of the courtyard facade. The initial work started about a year later, to be stopped almost right away.<br>The property manager, i.e. the syndic, is now telling us it has JUST! discovered (as if this could be believable) that the structure of these walls is made of wooden beams and all of them are rotten. So, a new and now extraordinary general meeting has been called to approve the investigation of the condition of these walls, and there will be a need for another one to approve the renovation of the beams. In short, they have scheduled one year of work instead of four months and doubled the budget from 140,000€ to 300,000€.</em></p>



<p><em>What incompetent crooks! As a co-owner can I sue the syndic by myself? For sure they are not going to get my money just because they are incompetent.</em></p>
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<p>Allow me to explain, step by step, what most likely led up to this situation.</p>



<p>Haussmann-style buildings from the second half of the 19th century are almost always based on a framework of wooden beams, although the beams never show on the courtyard side. Hence the fact that they need to be restored is only to be expected. The scope of the work needed sounds excessive, however; the walls would be on the verge of crumbling and nobody would live in the building anymore if 100% of the beams were rotten. The city would have condemned your building if it were true.</p>



<p>At the point when there is a vote at a general meeting on a motion authorizing repairs and renovation, choosing a contractor and approving the project budget, any damage cannot be seen because the work has not started. It would be only a slight exaggeration to say that the decision is made completely blindly. Not until the scaffolding is up and the workers start opening the wall do the beams become visible.</p>



<p>Once a fairly large section has been opened – perhaps 10&#215;10 feet or even double that – the supervisor of the work sees that the majority of the beams are in bad shape. The professional thing to do then is to stop the work, since as what is visible largely exceeds what was expected and thus the priorities change. One obvious consequence is that the beams need to be carefully inspected and repaired where needed. Another is that the a project of such scope was not voted on, and nor was the larger budget. If the condition is really bad, the safest thing to do is to have an emergency general meeting to approve an inspection so as to avoid any unpleasant surprises, keeping in mind that it requires a significant amount of work to do 100% of the wall.</p>



<p>After this is done, a second emergency general meeting is called to approve the repair of the beams with a set budget. Keep in mind that if the cost of the work exceeds the amount voted, everything must stop in order for a general meeting to convene and approve the new spending. This is exactly what has happened here. So a good syndic will demand two emergency general meetings since a vote on a definitive budget is necessary. It is when all this is done that the normal ravalement can be done.</p>



<p>As for the timing, I am not sure that this will add eight months to the project, which was originally scheduled to take four months. You say it is now going to take a year. Let&#8217;s review the new steps it creates. The inspection could take a week or more, then the report will be written and shortly thereafter the management company will receive the report. Only then can the management company call the emergency meeting. Logically, it could take up to one month from the moment a request for an inspection is made until the firm is able to send out the call for an emergency meeting. There must be a quorum at the emergency meeting. Selecting a date when all concerned can attend could take another month or more. The renovation of the beams can take two months or even longer depending on the width of the walls and the amount of work done. Doing this kind of work during fall and winter generally means a lot of rainy days, and possibly snow days, and all of this delays completion of the work. All this easily doubles the time scheduled to do just the ravalement.</p>



<p>You quote 300,000 euros as a final cost when the wall has not been opened. Although it is a reasonable amount, all things considered if the beams need really a lot of work, it is like looking at a crystal ball. At this stage, demanding an accurate estimation is unrealistic since only a tiny section has been scrutinized compared to the size of the wall. So instead of seeing this figure as being the real cost, I would consider it to be the cost of the worst-case scenario.</p>



<p>It is always easy to blame a professional retroactively for not having anticipated and foreseen a problem. But being a professional does not mean having divinatory skills. Calling the syndic a company of “incompetent crooks” is totally uncalled for, as it seems the company is handling the crisis the right way, based on what you say.</p>



<p>As a co-owner you do have the right to start a lawsuit against the condominium association (le syndicat des copropriétaires). However, it is certain that there will be a need for judiciary experts to evaluate what happened, and they are very expensive and slow. Keep in mind that you will be paying your lawyer’s fees and a fraction of the costs of the lawyer representing the condominium as a co-owner, and this will be true for every single court and legal expense. Because of that it becomes horrifically expensive very quickly.</p>



<p>As for not paying the charges owed as a co-owner, I remind you that the majority rules in such situations. This means that as long as the court case goes on, you must pay your charges without delay. Otherwise you will end up in court and the decision will be against you. Of this you can be sure!</p>



<p>Do not get me wrong, I sympathize with what is happening to you. I agree with you that this is a catastrophic situation, and it creates a debt that you are not ready to pay according to the schedule decided by the general meeting. You are angry at all the professionals who did not see it coming. Why were the decayed beams not visible from the outside? I cannot say, as this is totally outside my area of expertise, but it would be a very pertinent question to ask the contractor, architect and property manager.</p>
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<div id="kt-info-box_f44d54-65" class="wp-block-kadence-infobox"><div class="kt-blocks-info-box-link-wrap kt-blocks-info-box-media-align-top kt-info-halign-left"><div class="kt-infobox-textcontent"><h2 class="kt-blocks-info-box-title">DISCLAIMER<br/><br/></h2><p class="kt-blocks-info-box-text">Please forward this message to all those who would be interested in its contents. The information contained in this newsletter is intended only as general information. I strongly urge readers to seek professional guidance concerning the legal and tax matters mentioned. This newsletter is intended as a general guide and is not to be taken as professional advice.<br/></p></div></div></div>
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