I would like to wish you all you a great summer and a very nice vacation, enjoying the freedom of the moment. I will close my office on July 7th

“When I’m Sixty-Four”

When I get older, losing my hair
Many years from now
Will you still be sending me a Valentine
Birthday greetings, bottle of wine? 
If I’d been out till quarter to three
Would you lock the door? 
Will you still need me, will you still feed me
When I’m sixty-four?

You’ll be older too
And if you say the word
I could stay with you

I could be handy, mending a fuse
When your lights have gone
You can knit a sweater by the fireside
Sunday mornings go for a ride
Doing the garden, digging the weeds
Who could ask for more? 
Will you still need me, will you still feed me
When I’m sixty-four?

Every summer we can rent a cottage in the Isle of Wight
If it’s not too dear
We shall scrimp and save
Grandchildren on your knee
Vera, Chuck and Dave

Send me a postcard, drop me a line
Stating point of view
Indicate precisely what you mean to say
Yours sincerely, wasting away
Give me your answer, fill in a form
Mine forevermore
Will you still need me, will you still feed me
When I’m sixty-four? 
Ho!

Wikipedia
“When I’m Sixty-Four” is a song by the English rock band The Beatles, written by Paul McCartney (credited to Lennon-McCartney) and released on their 1967 album Sgt Pepper’s Lonely Hearts Club Band. McCartney wrote the song when he was about 14, probably in April or May 1956, and it was one of the first songs he ever wrote.

Yesterday I turned 64.

Each of us has our own way of handling getting old. In the 1950s, turning 64 meant one had turned really old. Today many sixty-somethings are still in good shape and one could argue that the equivalent of being 64 in 1967 is now experienced at 74. The notion of aging, of being old, being young, feeling young, or feeling old, is very personal and depends on so many things. On the other hand, once you add the kind of job you do to the picture, thoughts turn to retirement, of the time when one stops working before dying. Common sense should dictate that manual workers retire earlier than people working in offices. In France, when retirement programs were linked to certain industries, that was common practice. One of the numerous reasons so many people demonstrated against the latest French retirement reform, which added two years to the age at which workers have the right to full retirement benefits, was that the measure did not differentiate among all the different situations in the labor force.

Then there are economic immigrants, whose bodies are often abused from an early age. For many, retiring at 64 means having worked for 50 years. Once they arrive in a Western country like France, they usually start out working at horrid jobs. After several years, they obtain a legal stay and can settle a tad more comfortably, but they often still work as manual laborers. The saddest thing I have seen in this regard is that many of these people worked for so long under the table, a.k.a. undeclared, that their credit with the national retirement system is insufficient for them to live on. Thus, they must continue to work, even if they are retired. This has become common enough that the media in France, the USA and other countries are covering this evolution of society.

THE OTHER IMMIGRANTS
About ten years ago, I helped a Filipina woman facing several major challenges at once. She held a carte spéciale because her employer was a diplomat in France. Her health insurance policy covered only the absolute minimum required. When I met her for the first time, she was battling breast cancer. In a matter of nine months, she obtained a private-life carte de séjour, gained access to the French public health care system, and started treatment for her cancer. For close to two years, her situation was my focal point until everything was settled and her remission from cancer confirmed.

Once she was declared to be in remission, I asked her if she could help me once a month by putting my column into HTML so it could be uploaded to my website in addition to being sent by email. Since June 30th, 2015, she has helped me do this except when she is in the Philippines or on a pilgrimage. She also works as a nanny and a cleaning lady, with seven employers scattered throughout Paris and its suburbs, and this is hard on her body. Our monthly meetings have changed the way she sees both her work, including what she does for me, and her worth. She came to be really good at this job. During the COVID curfew restrictions, her face beamed when I gave her the professional authorization to be out late, mentioning on my letterhead that computer assistant was her position.

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

Last month, as we worked on sending out the June issue, she was quite moved when she read it.

That gave me the idea to ask her and other Filipina women to express how they feel about the statement “It was worth it.” I have always seen the Filipino motto as:
“Keep a low profile and get the job done.”

When Filipinas live away from the Philippines, whether in France, the USA or another place, they are there to work, earn money and support the rest of their family. In 2018, financial transfers from expatriates accounted for over 9.8% of the Philippines’ GDP.

Here is what my computer assistant told me about her own experience:
“Five years! My plan of staying here in France? I just wanted to try and see what life I could have here and then I planned to go back to the Philippines. Others say I am one of the luckiest people because I got a chance to come here to France, so I am giving it a try. It is not easy to be away from my family, but my income is much higher than what I earned at my job in the Philippines, so I guess it is worth it for me to stay for that time period. I didn’t know that five years could pass so fast and I got used to staying here. Many more years went by before I got sick. That time was the lowest point of my life as I was battling with my illness, trying to get my immigration status (legal papers) and was separated from my family. I kept asking myself if it was worth it to stay, given my situation, and then I met someone with the help of my employer. He guided me and helped me to cope with and overcome all my fears and problems until everything went well again in my life. Now I receive all my health benefits for free while holding nice, proper jobs at the same time. Is it worth the life that I chose? Yes, it has been WORTH IT! It is my choice to be in France; it is not just by chance.”

The hardships such women experience is mostly unknown. It is very rare for them to express how hard their life is. Even so, they almost all end up affirming, “It was worth it.” I respect and admire them for coming up with this evaluation. It is their life.

A MESSAGE FROM URSSAF REGARDING INCOME TAX DECLARATIONS
People commonly use the term “auto-entrepreneur” for working as an independent and running one’s own business. But it really just refers to a choice regarding how to pay social charges to URSSAF. There is a choice between the classic way, which is the normal way URSSAF collects money, and the “auto-entrepreneur” way, which involves a quarterly declaration and the payment of the related social charges, usually amounting to about 23%, for services related work. This side of running a business has evolved a lot in recent years. Before President Macron was elected, the classic status required two income declarations to be done: one sent to the tax office to calculate the income tax owed and one to URSSAF to calculate the social charges based on the profit made the year before, with some catching up done in the fall.

Since the spring of 2021, however, there has been only one income declaration, submitted to the tax office. That information is shared with URSSAF, which relies on it to make its calculations. When Americans think about how the Internal Revenue Service and the Social Security Administration have worked together for decades, they are often stupefied by the level of distrust that once existed between the two French administrative divisions. Mr. Macron promised during his 2017 presidential campaign to simplify and unify different entities of the administration doing the same thing. This proved true of health coverage, which was unified under the CPAM system as of January 1st, 2020. The retirement unification is still being worked on.

URSSAF recently sent a memo to everyone on its mailing list, regardless of the status the recipients have, explaining how the information from the tax office is used and how the social charges are calculated. This disturbed and worried a lot of people who think “auto-entrepreneur” is the only status that exists.

Here is a translation of the memo from URSSAF:
“Understanding the calculation of your contributions following your tax returnhttps://info.urssaf.fr/l/6521/500199940/22016/106423/294868/11f8de51

Between April and June, you declare your 2022 income on impots.gouv.fr. As soon as your declaration has been validated, the tax authorities forward it to URSSAF.

You will then receive the 2022 regularization document and the 2023 call for contributions. URSSAF has set up a dedicated website to help you understand the information contained in this letter.”

THE GENESIS OF THE FRENCH BUREAUCRACY
A client recently sent me this email:
“I really enjoy the history lessons you provide me. But overwhelmed by being at the Prefecture, I can’t remember the person who you told me was the father of French bureaucracy and taxation. I think you referred to Louis XI, but if you wouldn’t mind just pointing me in the right direction, I’ll really enjoy the research.”

My reply, “This king is rarely mentioned because he did nothing flamboyant. He did not build castles. During his entire lifetime, he acted as a statesman, building France as a unit, by defeating all his rebellious vassals and by creating a centralized structure, which later became the French administration.”

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

Wikipedia
Louis XI (3 July 1423 – 30 August 1483), called “Louis the Prudent” (French: le Prudent), was King of France from 1461 to 1483. He succeeded his father, Charles VII.

Louis entered into open rebellion against his father in a short-lived revolt known as the Praguerie in 1440. The king forgave his rebellious vassals, including Louis, to whom he entrusted the management of the Dauphiné, then a province in southeastern France. …

When Charles VII died in 1461, Louis left the Burgundian court to take possession of his kingdom. His taste for intrigue and his intense diplomatic activity earned him the nicknames “the Cunning” (Middle French: le rusé) and “the Universal Spider” (Middle French: l’universelle araignée), as his enemies accused him of spinning webs of plots and conspiracies. …

Without direct foreign threats, Louis was able to eliminate his rebellious vassals, expand royal power, and strengthen the economic development of his country. He died on 30 August 1483 and was succeeded by his minor son Charles VIII. ….

Legacy
Eager to obtain information about his enemies, Louis created, from 1464, a net of postal relays all over France, which was a precursor to the modern French postal service.

Louis developed his kingdom by encouraging trade fairs and the building and maintenance of roads. Louis XI pursued the organization of the kingdom of France with the assistance of bourgeois officials. In some respects, Louis XI perfected the framework of the modern French Government which was to last until the French Revolution. Thus, Louis XI is one of the first modern kings of France who helped take it out of the Middle Ages. ….

Through wars and guile, Louis XI overcame France’s mostly independent feudal lords, and at the time of his death in the Château de Plessis-lèz-Tours, he had united France and laid the foundations of a strong monarchy. ….

Despite Louis XI’s political acumen and overall policy of Realpolitik, Niccolò Machiavelli criticized him harshly in Chapter 13 of The Prince, calling him shortsighted and imprudent for abolishing his own infantry in favor of Swiss mercenaries.

https://en.wikipedia.org/wiki/Louis_XI

OFFICE CLOSED FOR SUMMER VACATION 
The office will be closed for six weeks over the summer holidays, starting on Friday, July 7th, in the evening and reopening on the morning of Monday, August 21st. As always, I will be reachable by email for emergencies and important matters. The service I offer of receiving mail for clients will continue while the office is closed. Unlike in recent years, I will be in the USA from July 19th to August 3rd. Of course, Sarah or I will honor the prefecture meetings already scheduled, as well as a couple of other engagements. It is also possible that my daughter, Lucille, will handle some situations as she is getting more and more involved in my business.

I would like to remind everyone there will be no August issue.

Best regards,

QUESTION

THE QUESTION OF CUSTODY IN FRENCH DIVORCES

I have been married to a Frenchman for several years now and I recently filed for divorce in France. I want to move back to the USA with my children as quickly as possible as I have professionally and personally no future in France. We just had the first hearing and the judge decided that we all must stay as it would be best for my children if they lived in France. This is scary as heck! I am now a prisoner of France. This should be illegal.

QUESTION

SHOULD YOU RENEW YOUR CARTE DE SÉJOUR OR ASK FOR A CARTE DE RÉSIDENT?

I got a passeport talent visa in the USA and moved to France during the summer of 2019. The visa lasted one year and I got a carte de séjour as a performing musician, which was valid for four years. It will expire in June 2024, My family and I are still living here and we are doing well. As the first request demanded a lot of documents about my career, I would like to know as soon as possible what the necessary steps are to apply for a renewal.

The song “Hard-Headed Woman” was recorded on Cat Stevens’s fourth album, Tea for the Tillerman, released in 1970.

I’m looking for a hard-headed woman
One who’ll take me for myself
And if I find my hard-headed woman
I won’t need nobody else, no no no!

I’m looking for a hard-headed woman
One who’ll make me do my best
And if I find my hard-headed woman
I know the rest of my life will be blessed, yes yes yes.

I have always loved this song, and I share the inclination for strong-willed women. I am not sure how many men, even today, will feel blessed finding a hard-headed woman. My friend Richard found his mate many years ago, and she is now grieving his death. Some pending changes in state law in the South of the USA reminded me of this song describing a quest for the right strong-willed woman. I have no idea what will happen to these legislative changes at the end of the process, but I am sure there will be an increase in the number of hard-headed women throughout the USA. It will scare some or many men. It will also offer a larger choice to men who know they will be blessed for the rest of their life with the hard-headed woman of their liking.

OFFICE CLOSED FOR MY 60th BIRTHDAY
The office will close for a little less than two weeks for this occasion, from the evening of Friday June 14, reopening the morning of Tuesday July 2nd. I will only be reachable by e-mail for emergencies and important matters, as I will be outside of France. My service of receiving mail for clients will continue while the office is closed. For the first time in about 20 years, an issue of my column, that of July 2019, will probably not be sent the last day of the month, as I will still be out of the country on vacation. You may expect to receive the issue on the 2nd or the 3rd.

THE EUROPEAN ELECTIONS
In France, voting took place on Sunday May 26, which was too late for me to draw any conclusions for the current issue, so my reflections on the European elections will have to wait until the next issue.

URSSAF HAS INTRODUCTORY INFO IN ENGLISH
I recently discovered that URSSAF is now communicating in English, including a three-minute video explaining French social programs. I am tempted to dismiss this effort because the information is so basic that I wonder who in France would not already know it. That being said, my clients often need me to explain to them how the system works at such a basic level. So I admit this communication campaign might be useful to foreigners who have not figured out how France’s social programs work, starting with an overview on healthcare coverage.

I almost wish I could conduct a poll to find out how many people will take the time to watch the video and how many of them honestly learn something it. Nevertheless, this is a move in the right direction, and I hope URSSAF will continue down this path.

The main section of the URSSAF website in English starts here:

www.urssaf.fr/portail/home/welcome-to-foreign-companies.html

It includes a link to the video on the right side. Otherwise, go directly to:

THE ICONIC METRO TICKET IS ABOUT TO DISAPPEAR
The metro ticket as a means of payment for travel in the Parisian public transport system first appeared in 1900. The ticketing system went through many changes as the metro was modernized. The most recent radical change occurred between 1970 and 1973, when the ticket punchers (poinçonneurs) disappeared and stations were equipped with automatic turnstiles and magnetic tickets. Serge Gainsbourg wrote and sang a song about a poinçonneur, who punched holes in tickets before travelers got on the train:

No matter how diverse the range of various passes tailored to special user groups, there is always the need for a single-trip ticket requiring a single-trip payment. This possibility is fast disappearing. Many people help the homeless and asylum seekers in Paris by giving out a few individual tickets, making a world of difference for those needy travelers. I fully understand the need for turnstiles to evolve with more modern technology, especially considering how often the ticket-reading parts fail and require repair compared to the laser-based pass-reading parts. Still, this evolution further marginalizes what is seen as an undesirable population.

From The Local, May 20th 2019:
Paris authorities are set to launch a new paperless version of their tickets in the form of a plastic top-up card called Navigo Easy.
On June 12, 2019, tourists and occasional users of the Paris metro network will be able to purchase the contactless and reusable card for €2.
“It will work like an e-wallet,” Valérie Pécresse, head of Ile-de-France’s transport network, told reporters at the Vivatech new technologies fair on Friday.
The fare will remain the same: €1.90 for a single-trip ticket and €14.90 for ten trips.
Paris transport authorities estimate the Navigo Easy system has 5.8 million potential customers.
If it’s any consolation for those who prefer to carry on buying the small single-trip carton tickets, it won’t be until the summer of 2020 that they are completely discontinued.
For nearly 119 years, from the opening of the first line of the Paris Métro in 1900, the little rectangles of thick white paper with a black line on the back have been with Parisians.
This will signal the end of the sale of 550 million single-trip tickets every year.
By September 2019 the new digital system will be improved with the option of being able to top up on trips directly from a smartphone rather than at the counter or ticket machine.
“No more queueing at the station or station to top up your Navigo pass or to buy tickets,” added Pécresse.
But the system is currently only adapted to latest-generation Samsung smartphone users. No mention has been made yet of whether iPhone Paris metro users will have been able to go completely digital in future. Paris transport authorities plan to eventually incorporate the whole public transport network of the Ile-de-France region into the Navigo Easy system.

https://www.thelocal.fr/20190520/this-card-will-start-replacing-paris-metro-tickets-on-june-12th?fbclid=IwAR0awcBiObEDUUdpXL7hTzphM_YHPRN8iBdPYAyaL1aLaEUBjHEhAj9_XNU

FRENCH REAL ESTATE AGENTS NOW MUST ADVISE CLIENTS
For a long time, French real estate agents were reputed to lie about everything. In the last twenty years, legislation has been passed forcing the industry to give accurate information on specific topics. For example, the law known as the loi Carrez sets out obligatory information on the size of a dwelling, and other regulations specify tests that must be done at the seller’s expense including checking for possible hazards such lead, asbestos, and more, along with the status of electricity and gas.

Now the French Supreme Court, the Cour de cassation, has issued a ruling that adds a new layer of professional obligations which could radically change the way French real estate agents do business.

Until now, agencies were liable for inaccuracies, also called lying, that could be proved in court. In other words, they have been operating on what I call “French truth.” This means they saying just enough to be telling the truth, but not the whole truth. There is often a huge difference between the two. For example, stating that that no major work has been done inside the house could hide the fact that the patio and terrace were built illegally, as they are not “inside” the house.

The latest case is a milestone because a real estate agent was ruled liable for not giving a critical piece of information even though he was not asked about it.

In this specific case, a couple bought a house in southwestern France in what seemed to be a quiet place. Neither the sellers nor the real estate agent mentioned that a new highway loop would be built about 50 meters (164 feet) from the house.

The buyers sued the sellers and won the case; the sale was annulled on the grounds of willful misrepresentation or dol. This legal concept means knowingly giving the buyer a false impression about what is being bought. Staying silent about a critical element of the object purchased has long been considered dol. What is new here is that the real estate agent was ordered to pay damages for not informing the sellers about their duty to be honest with the buyers. The argument that he was not enough of a professional to know the consequences of the highway plans did not stick. The court ruled that the agent had a responsibility to disclose the plans since he knew that a road so close to the house would have an impact on the quality of life of those living in it.

Let’s hope for the best: perhaps in the future French real estate agents will inform buyers of what they know.

SUMMER VACATION: THE OFFICE WILL BE CLOSED from July 19 to August 19
The office will be closed for one month starting Friday, July 19, reopening on Monday, August 19. As always, I will be reachable by e-mail for emergencies and important matters. My service of receiving mail for clients will continue while the office is closed.

MY FEES WILL GO UP ON OCTOBER 1st 2019
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€.

Best regards,

QUESTION

WORKING THROUGH A NON-PROFIT

About a year ago, I got a visiteur visa and was able to renew it. I have always been interested in healthy food and teaching people how to eat, which means how to cook. I know many say France has the best cuisine in the world, but I see the same bad habits that exist in the USA – the fast food industry, eating processed food, and so on. This is not French cuisine, but French people are eating it. I can live off my family trust fund for years so I am not rushed to resume my career in France, but I would love to launch awareness-raising courses right away. Is it possible with my current status, or should I change and maybe wait several years? Would asking for a different visa in the USA make it possible?

QUESTION

HOW TO MANAGE A NEGATIVE DECISION FROM DIRECCTE

I am an American living in Paris. I came to France in 2016 to pursue my master’s degree in hospitality and tourism management at Paris School of Business. During my studies, I worked at Planet Hollywood as a bartender to support myself for 960 hours per academic year. Upon graduation, I was offered a full-time job as a bartender with the same employer. So I applied for a work permit at the prefecture of Bobigny while I enrolled in a master’s research program. I waited a year then received a letter from the prefecture refusing this work permit and giving me 30 days to leave France. I have 25 pay slips and 12 of them are full-time. Can I appeal the decision to a court? Can I ask for new student status?

QUESTION

LONG-STAY VISA WITH NO RIGHT TO RENEW

I am an American studying French in Paris. I have been here since March 27 and will finish the winter semester at the Sorbonne this week. I have a dispense temporaire de carte de séjour, which expires in October 2019. This has prevented me from obtaining a carte de séjour, which I was hoping would then allow me to get a work visa, as I thought as a student I was permitted to work 20 hours a week. In order to stay, I must have a job, as I have plunged below zero in my bank account. I have two job offers, but both require proper papers. I can go back to the States if necessary and deal with the French Embassy in LA, but I wanted to see if you thought you could help me with anything. I know people who are here without proper visas and seem to be getting around the system, finding work where they are paid under the table. Is it really the best solution?

QUESTION

MOVING HOUSEHOLD POSSESSIONS TO FRANCE WITHOUT A TAX CLEARANCE

We arrived in France in January and have now found a place to settle down. We are ready to move our stuff. We will be back in the USA in August, which would be a time we could hire the mover. Our one-year window to move things without fees ends on December 8, the date the visa was issued. We are within that deadline, but now we have been told that we would pay duties if we cannot prove it is our stuff. This makes no sense: the movers are taking all this from one home and moving it to a new home. How can it be an import?

“If I Had a Hammer (The Hammer Song),” by Pete Seeger and Lee Hays, was written in 1949 in support of the Progressive Movement.

Almost a year ago, I moved to my new office near Place de la Nation. Some tiny details end up meaning a lot more than they appear.

The office is equipped with a plastic shutter protecting the front door that looks and works exactly like the old-fashioned iron shutters that shops and workshops used to have. It is pulled down to close, and pulled up to open. This daily task reminds me of my father, grandfather and great-grandfather’s woodworking shop in a southern Paris suburb. I could see a staircase being built, a cupboard being made and many other pieces being created. There was the smell of hot wood, and the wood dust on the floor and in the air. I watched the skilled workers who did not just build but crafted all this beautiful furniture, carving and assembling everything. These men (in those days there were no women) mastered their craft. They were proud of their work when the furniture was done; they shared the feeling of a job well done.

When I see what my son can sculpt with a piece of stone, and see him taking the time to carve, I know that this gift skipped only one generation.

So, in this weird way, I see my writing (whether it is my column or the letters and even the emails I write for my clients) more and more as a craft, an exercise in choosing and assembling the words and keeping things simple. By sticking to this idea I try to avoid the temptation of writing literature. My job is to craft, which means work on it more than once, let it sit, and then go back to it.

What if “Making America great again” (and France, too, for that matter) meant promoting crafts as a discipline in school, with homework being crafted instead of just being done, or crafting the windows of a shops to decorate them. The same concept can apply to web design, creating apps, writing computer programs and so on. I strongly believe that many new jobs are compatible with this approach to working.

If I had a hammer!

THE LATEST COURT DECISION REGARDING RENTING WITH AIRBNB IN PARIS 
The message from the French administration regarding vacation rentals has been clear for years: the authorities are cracking down, reining in such rentals and so on. The advice given was, “Do it right or the consequences can be quite damaging.” Given this understanding, the latest court decision I am aware of is mind-boggling, as it goes completely against the conventional wisdom.

A French tenant of an HLM (low-income housing) was renting out her flat from time to time through Airbnb. HLM leases are rent controlled, as they are based on the tenant’s income as well as rent subsidized. The size of such an apartment is supposed to exactly fit the size of the family, and is often a tad smaller. The lease states that it is a breach of contract to have an extra person living there, and of course subletting even a portion of the apartment is totally illegal, resulting in the lease being automatically voided.

In light of all of this, it seemed clear that once this person was caught, the outcome of the court case was certain. But in fact the ruling demonstrated that protection of the tenant goes way too far in France. The ruling noted that the tenant stopped the rentals after receiving the first notice, having pleaded ignorance of the law; that the Airbnb ad was taken down immediately; and, the final straw, that the rent asked for the room was so moderate that it could not be seen as engaging in a business.

This succession of excuses led to the ruling that the person was a lawful tenant and entitled to keep the lease. At this point, I would ask what constitutes an unlawful tenant?

Throughout the Fifth Republic, there has been strong discipline within the parties in terms of voting the way the leadership wants. With the presidential group, it is uncertain whether the same obedience will exist, as it is brand new and its members come from very diverse backgrounds and clearly do not share the same views on several topics. For more info (in French), see http://sosconso.blog.lemonde.fr/2017/06/29/elle-sous-loue-son-hlm-via-airbnb/

FINES FOR AIRBNB-TYPE RENTALS IN PARIS HIT A RECORD HIGH 
The total of fines collected by the Paris city hall for illegal vacation rentals reached a record 615,000€ in the first half of 2017, compared with 45,000€ in the first half of 2016 (the total collected in 2016 was 200,000€). The number of owners fined in the 2017 period was 31, with 128 apartments checked compared to 42 in the 2016 period. That means the average fine was 19,839€. Nevertheless, despite the increased risk of being fined, the number of apartments dedicated to this kind of rental is growing in Paris. I have heard that the risk is considered just part of doing business because the amount of money to be made is sufficiently greater than the fine.

Especially in France, where application of the law can differ depending on the context, the parties involved and so on, I can only state that the risk is increasing and there may come a time when the amount of the fine becomes truly punitive, at which point more people will get out of the market.

As the story in the previous section indicates, the court system also makes a huge difference. In particular, the system is likely to mete out different treatment to a French person who lives in France and rents out occasionally, and a foreigner who buys an apartment exclusively for this use and runs it as a business. Is the court decision described above unfair? That is not for me to answer; in any case, basing decisions in this matter on fairness is totally missing the point.

Still, comparing these two situations shows how contradictory court decisions can be. One of the first things one learns in law school is that every case is different and it is the lawyer’s job to find the right angle, precedent and legal grounds to let the client win the case.

I will keep informing my readers and clients about this issue to the best of my ability. One thing is clear: the Paris city hall is on the warpath about this issue and I do not see anything that might change that.

http://abonnes.lemonde.fr/logement/article/2017/08/11/airbnb-a-paris-les-amendes-sont-passees-de-45-000-a-615-000-euros-en-un-an_5171370_1653445.html

A LONG-TIME READER IS SELLING ONE OF HIS BUSINESSES 
I almost never open my column to such advertisements; the person needs to be quite close to me for me to consider it. But a very long-time reader recently let me know that he has a business for sale. It is a debt-free, profitable tour guiding business with over 130 TripAdvisor reviews and has received a Certificate of Excellence every year it has been eligible. He is taking on a new project later this year and needs to free up some time to devote to that. The sale price would include formation of the appropriate French business entity for the company. If you are interested, please email me directly.

URSSAF IS FORCING MORE AND MORE PEOPLE TO DECLARE BILLING THROUGH ITS WEBSITE
I have often written about the French administration pushing to use the internet for many things. I have no problem with that when there is an alternate solution, even if it means paying a bit more. On the other hand, I question the fairness of forcing people to use the internet as the only option.

When it comes to declaring employee social charges to be paid, sales tax and so on for established businesses, I believe a CPA or in-house accountant is needed, and they all have access to the internet and are trained to use the relevant applications.

I just learned, however, that 16,000€ in billing is enough to be forced to only use the internet procedure. Many people working out of their homes, having independent work as a side job, make this kind of money.

The entire reason for creating the auto-entrepreneur status was to make it easy for people to enter the business world by doing a side job along with a salaried position. This often applies to retired people, those doing manual labor and so on, who may not be that savvy with computers and internet applications. Furthermore, I found the app not user friendly at all.

I think the income limit is way too low for the population potentially affected by the decision – especially foreigners, whose French may not be sufficient to understand what is being asked of them. Many Americans, for example, confuse the SIRET number – the tax ID number for a business, regardless of its size – with the SECU number, which is the equivalent of the Social Security number used for health coverage and retirement benefits.

FOR THE FIRST TIME, I HAVE AN ASSISTANT
When I worked with Isabelle Russo as part of the Alliage company, we managed to deal with reporting and some bookkeeping issues for very small businesses. Several of my American clients wanting to live in France chose self-employed status, as it is easier to obtain immigration status with it, and lately has also made it a little easier to obtain employment, now that the auto-entrepreneur status has become popular.

In 2016, ALLIAGE closed, and this teamwork ended, so I quickly struck up a relationship with a fully licensed French CPA (expert-comptable-commissaire aux comptes). But this did not address the needs of people earning less than 32,000€ in gross sales, with the micro BNC fiscal status. They are exempt from doing full bookkeeping but still have to file declarations of income to the tax office and to RSI for social charges. Managing payment of the social charges and understanding how it works can be quite complex. I do some of it when people initially register, because almost all these documents are needed to obtain the related immigration status. After that they should be autonomous, but in fact most of the time they are not. There has always been a real need for this level of help, which is below what the French CPA does professionally but which I am not really equipped to handle efficiently, especially considering the level of my fees.

Therefore, starting this month (September), I will be working with an assistant so as to add this service for those who need help handling the French paperwork, basic French administrative procedures and so on. I will give her name and information upon request. Her fees are between one-half and one-third of what I charge, depending on the level of services requested. Of course, she works under my supervision, so I guarantee the quality of the service, and she will keep her files in my office.

TAX OWED ON 2016 INCOME IS DUE SEPTEMBER 15th
Could this be the last time in French history that people pay their income tax in the traditional three installments on February 15th, May 15th and September 15th? The system is set up so that on each of these dates, people pay part of the total tax due, usually in three approximately equal installments. The first two payments are each equal to one-third of the tax owed the previous year, since the tax collection agency, the Trésor Public, does not know the amount for the current payment year until it is notified by the Centre des Impôts, which receives the income declaration of the previous calendar year in the spring. There is a special office in the Parisian suburb of Créteil for residents of Paris. It used to be that these two divisions of the French fiscal administration had different locations. Today they share the same buildings, but still function as separate entities.

Until the presidential election last May, the plan was that everything would be ready on January 1st 2018 to switch to a new system. France is one of the last Western countries where income tax is paid by the individual directly and not withheld by the employer. For many cultural and historical reasons, the French are reluctant to change this set-up, but all of them are not enough to explain why it has not yet been done.

There is only one technical reason that withholding tax would be very difficult to arrange, and that is the concept of the quotient familial. I believe France is the only country that taxes the family as a group rather than individuals. This means the amount of tax you owe changes if:

You get married,

You get divorced,

You have a child,

The child leaves the home,

A family member dies,

A family member becomes disabled.

Both during the presidential campaign and after President Macron was sworn in, he has expressed his doubts about how pertinent the new set-up is. It is clear that there is a powerful arm-twist challenge between the president and his cabinet, on the one hand, and, on the other, the French fiscal administration, which has worked on this project for years and supposedly is totally on schedule. Everybody should follow this issue very carefully.

Best regards,

QUESTION

DIFFERENT TYPES OF RIGHT TO WORK AS AN EMPLOYEE

I just went through the OFII physical as a tourist and a consulting firm here in Paris made me an offer this morning as a 60,000€ salaried employee to start next month and they have agreed to sponsor me for a work permit. One of my questions is what is the name of the work permit that I need to ask for on the prefecture forms? Is it a carte de séjour salarié? There is one additional question I have now. My new employer said that with his other employees who needed work permits (I know they had cartes de séjour salarié), he was able to get them started working at their new job once the paperwork was submitted, even though the permit was yet to be issued. He said that there was never a problem with it. The permit was always issued. Do you recommend that I not to go this route and, instead, wait till the process is complete?

QUESTION

THE PREFECTURE ISSUES THE RIGHT IMMIGRATION STATUS

I submitted a request for a change of immigration status. I was a student for a few years with the related immigration status and I wanted to start my own business. The prefecture told me that my card was ready so I picked it up and it was all wrong. It said visiteur when I asked for merchant, commerçant. How can they make such an error? I offer services to small businesses with their websites, flyers and newsletters both in French and in English. What I find weird is that it also says profession libérale on the card. 

Can you explain any.

QUESTION

LOST KEYS? – CHANGE THE LOCK!

I have lived in Paris for a few months. I was robbed last night and they got my apartment key. It’s the kind where you have no option but to order a replacement key for 140 euros. My roommate still has one, luckily, so I wonder: is there a shady dude who will copy it for 50 euros or something?

No Protection (1987) is the second album by Starship, the band that came after Jefferson Starship and Jefferson Airplane, all three of which were led by the singer Grace Slick. Many of the issues I address this month deal with maintaining, providing or diminishing protection for people. One twist, especially in France, is that once the law favors one party, the other is exposed to greater risk. France has insisted for centuries that the law must be fair, which means providing for “unequal treatment”. The logic here is that the underdog must be protected and helped. The recently proposed labor law (loi travail) submitted by Labor Minister Ms. Myriam El Khomri would take away a lot of what is seen as protection for employees; as a result, a lot of demonstrations and strikes have been happening all over France. Nearly everybody agrees that the old way of addressing the situations where there is built-in inequality must be changed, but there is a lot of disagreement as to how it should be changed..

Even French divorce law, which seemed to be widely accepted, is now being criticized in the media, mainly for reasons I will explain below. Interestingly, and in a purely French way, changes that occurred decades ago in other Western countries could now definitively take place in France. This is being done by a liberal government led by Mr. François Hollande, a member of the Socialist Party. If one can see past the current demonstrations, violence and name calling, this is a very interesting time for France.

By the way, the weeks of “Nuit Debout” sit-in demonstrations at the Place de la République also show a desire to change, but in quite the opposite way.

Whether to maintain protection or reduce it, as well as whom to protect, is a very hot topic right now.

BREAKTHROUGH REGARDING DIVORCE IN FRANCE
Divorce has been possible without proving fault since the passage on July 11th 1975 of a law mostly drafted by the legal scholar Jean Carbonnier, which made the judge the cornerstone of the proceedings so as to ensure the fairness of the divorce.

There are four types of divorce proceedings, whose interpretations have changed over the years but which have pretty much kept the same name and logic.

• 1. Le consentement mutuel is a mutually agreed upon divorce, in which the couple is in agreement on all issues needed to divorce.
• 2. La demande acceptée, now called le divorce pour acceptation du principe de la rupture du mariage, means the couple agrees on at least one thing, the fondamental decision to divorce.
• 3. La rupture de la vie commune, now called le divorce pour altération définitive du lien conjugal,indicates that the couple no longer live together and have not for a number of years (formerly seven, now two years).
• 4. Le divorce pour faute used to entail any breach of the legal obligations within a marriage but now the grounds are limited to violence and various forms of coercion resulting in one spouse being truly scared of the other.

In all of these proceedings, the judge is seen as the person making sure each spouse fairly shares both rights and responsibilities. In consentement mutuel (mutual agreement) proceedings, the judge’s role is to make sure that the agreement is fair and that neither spouse has been threatened to obtain the desired result.

On May 4th, however, the Chambre des Députés, the French equivalent of the House of Representatives, approved a provision in a judicial reform bill that would give notaires the responsibility of reviewing and recording mutually agreed divorces, instead of having the judge hear and rule on the case. This means the deputies believe the chances of coercion of a spouse are no longer of much concern. On this topic, I could write a lot about recent immigrants to France who are not yet integrated into French culture, so I disagree with the assumption that the risk is negligible and believe it should still be taken into consideration.

From what I understand of the vote, notaires, acting as neutral professionals, will determine if the split of assets and debts is fair, as well as the sharing of responsibilities regarding alimony, child support, visitation rights and so on. If they see any discrepancies, however, they cannot rule, since their involvement is purely to register divorces. We will see how often such proceedings work with only a notaire, and how often a judge will have to get involved and rule on certain issues. Also, a minor child can ask to be heard by a judge in mutual-agreement proceedings.

The couple can always go to a judge if they realize they were not in as complete agreement as needed and they cannot reconcile their views.

The reasons given by the government for the change are to make divorce cheaper (50€ is the recommended cost of the registration) and to clear crowded family court dockets of this type of proceeding. In much of France, mutual-agreement divorces constitute a majority of divorce decisions; they account for over 60% of Parisian divorces, for example. Clearly it would benefit the court system to be able to restrict its business to family cases that really need a judge’s attention.

The lower cost may be illusory, as notaire proceedings will require each spouse to have a lawyer; before, a couple who managed to agree on everything could get a divorce with just one lawyer.

One small detail that could complicate matters, even though it looks like the people will be saving a lot of money, is that notaires have their own jargon and way of thinking, which lawyers readily understand but which can be very puzzling for French laypeople, and even more so for foreigners. In family courts especially, the judges are often women. Generally the judge met with both spouses, together and then individually, making sure they agreed with the contents of the document drafted by the lawyer. These three meetings are mainly intended to make sure the wife is not being coerced into the divorce and is not renouncing her rights. Today it is possible that men could be coerced through blackmail into an unfair agreement. In most people’s experience, judges use plain language and couples rarely complain of trouble understanding what the judge says. The way notaires work in France is evolving towards more client service, including being better understood. But it remains to be seen if they will do as well as judges with this task. It is far from certain, since thus far in the legislative process, the three meetings have not been mentioned.

I just hope the use of the new proceedings will be for the best and notaires will be strong enough to refuse to register an agreement where the wife or husband gives up their rights to everything and states that they are fully OK with it. I also hope they will be wise enough to understand that some people may need clarification concerning the process, the consequences and the implications for both parties.

http://abonnes.lemonde.fr/police-justice/article/2016/05/05/le-divorce-par-consentement-mutuel-sans-juge-vote-par-les-deputes-en-commission_4914097_1653578.htmlhttp://www.lefigaro.fr/actualite-france/2015/07/11/01016-20150711ARTFIG00128-en-quarante-ans-le-divorce-par-consentement-mutuel-n-a-pas-conquis-toute-la-france.php

MOST WIVES IN FRANCE NOW HAVE A HIGHER EDUCATION THAN THEIR SPOUSES
Until the 1960s, men in France tended to marry women of low education; it was assumed in those days that higher education and being a good wife at home were not compatible. This belief was common among men born before WWII.

France continues to be a patriarchal society, therefore it is still harder for women to get a job than men; in addition, they continue to be paid less, by 19% on average. Studying longer is seen as a way to offset these two obstacles, and consequently today in a majority of couples in France, the woman has a university diploma. Meanwhile, uneducated men have the hardest time getting married or finding a long-term partner.

As this trend of women having university degrees continues, it will be more and more common for the wife to make more money than the husband. It does not need to be prevalent to modify the balance in society. I find this evolution very interesting.

http://www.lemonde.fr/campus/article/2016/04/14/les-femmes-sont-desormais-plus-diplomees-que-leur-conjoint_4902195_4401467.html#8TDtr9d51J4ftSRj.99

THE PNR DATABASE AND POSSIBLE CONSEQUENCES FOR TRAVEL IN THE EU AND THE SCHENGEN AREA
For over a decade the USA has kept a database of everybody traveling into and out of the country, with particular attention to foreigners entering the country legally without a visa. The US police have the ability to learn right away if a foreigner has stayed in the USA more than the 90 days authorized by the visa waiver program.

In Europe, there is no such database, though many governments have asked for it. For several reasons, the European Parliament was slow in approving its creation. In addition, some governments did not feel comfortable sharing information between their intelligence services so that terrorists could be tracked down.

Therefore, the recent creation of the Passenger Name Record (PNR) was approved only by a very small margin, 32 to 27. Right now everybody says they want the data to track terrorists and people involved in other serious crimes, and I believe that is true. I do not see any hidden agenda here.

On the other hand, once the database is created, it can be used for many other things. One that would be easy to set up is identifying and fining people who overstay the 90 days allowed by the visa waiver program. Several countries in the Schengen area already severely fine foreigners identified as having overstayed. Today these people are only caught when they get to a border and their passports are checked. Once the PNR is fully functioning, if all European police forces have full access to it, each member country can add software that matches people overstaying their visas with people traveling. The police could know in advance who is traveling in this situation, and handle them right off the plane if need be.

I have no idea if the French police would ever be interested in apprehending North Americans who have overstayed their visas. Right now nothing indicates that they are. But it would not take much for other Schengen area police forces to catch people. The absence of border controls does not mean there are no controls; on the contrary, there are many. My experience is that until recently they were mostly done near the Spanish and Italian borders, where a lot of undocumented aliens enter France, and at the Belgian border where drug smugglers come from the Netherlands. It is perfectly legal for Germany, Switzerland, Spain and the Netherlands to fine people who overstay at the Schengen level; as long as it does not involve a border control, it would be in full compliance with the Schengen agreement— for example, picking up a person getting off a plane.

People who are in this situation should not panic. The PNR has just been voted in and for many reasons it will be a long time before it is fully operational. Still, we now know it will exist and it will be used. The rest is speculation. My personal opinion comes from what is going today and what could happen when countries have full access to the information. Now may be the time to reconsider this lifestyle.

UBER IN FRANCE AND URSSAF’S REQUALIFICATION ATTEMPT
The French administration has won in court regarding one aspect of Uber’s activities. But now the administration has found a more definitive way to get rid of Uber in France.

The key to Uber’s system is that its drivers are self-employed and run their business the way they want. In several US states, this arrangement is being challenged on the grounds that the drivers should be considered employees. Now URSSAF is doing the same thing in France. The key difference is that in France the financial consequences are much worse. Social charges are calculated differently between the self-employed status and the employee status.

Two things are happening and are independent one from the other. The first most important one is that the employer is said to owe the employee’s and employer’s social charges calculated on the money the driver has received. This means that the entire amount of the social charges is owed by the employer. The second consequence is that the drivers are reimbursed the amount of social charges they have paid as self-employed.

This amounts to a huge amount of money, to which URSSAF adds fines and penalties with interests for late payment going back as much as three years. If URSSAF wins its case, Uber might have to file for bankruptcy to handle such a debt. One nasty twist is that even if Uber takes the matter to court and obtains a favorable decision, it still owes the money the entire time. This means URSSAF can use all the collection methods at its disposal, including freezing bank accounts, blocking money that Uber’s creditors owe, and so on, so it can dry up Uber’s cash fast.

The legal ground for this action is that, under French law, if an individual is a subordinate of a company, he is an employee no matter what his legal status is. URSSAF is trying to prove that this lien de subordination exists between Uber and its drivers.

I do not wish to comment on the quality of the service Uber offers, or on the fact that many black and Arab drivers, those who have the hardest time getting decent jobs, have found working with Uber to be a good opportunity. As far as the big picture goes, whether this attack on Uber is a good or a bad thing for France is a very complex question. One thing I am sure is that there will be intense lobbying by employers to stop or reduce this attack, as it is clear that French business owners are part of the trend to make their workers self-employed as much as possible.

It has reached the point where people speak in French about the uberisation de la société, which describes the disappearance of social protection for French employees, as well as for tenants and so on. That gives an idea how important this action is for France, as it will set the trend for the rest of French society.

An article in Le Monde also illustrates very well the evolution towards less protection for the employees.

http://www.lemonde.fr/economie-francaise/article/2016/05/17/l-urssaf-poursuit-uber-pour-requalifier-ses-chauffeurs-en-salaries_4920825_1656968.html#Z8ThiT8Otb0xpmj4.99

INCREASE OF MY FEES ON OCTOBER 1st 2016
It has been about six years since my fees last increased. On October 1st, I will raise my initial retainer from 250€ to 270€ and the hourly rate from 100€ to 110€.

MY OFFICE WILL NOT CLOSE DURING THE SUMMER VACATION
Since my office situation has not been resolved and I do not anticipate being able to move before August or early September, I am not planning any vacation time and do not expect to go away for any length of time this summer. Depending on the outcome of my office search and how quickly it proceeds, this could change some € but not much, considering the fact that any changes would be last minute. By the way, I have formed a new corporation, called “A Survival Kit For Paris.”

Best regards,

QUESTION

THE CONSEQUENCES OF AN UNWELCOME PROMOTION

After many years in France, I hold a carte de résident and I have been working for my employer for years. It is a job, and only a job … I do not want to say more. About two months ago I got a promotion and my new boss is plain awful. One could speak of harassment and degrading methods. I have worked on some projects with him and he is very abusive. Without waiting for me to sign the addendum to my contract, they gave me a new office, a new boss and more work to do with a meager increase in pay. I am reminded daily that if I do not sign the contract, I will not keep my raise. Considering the situation, I truly miss my former position; at least I could work in relative peace and get things done.
Do you think it is possible to get my job back? I never accepted the change and I have no intention of signing at this point. So what do I risk?

QUESTION

WHAT IS TAXABLE INCOME IN FRANCE?

Having lived here for many years, I have to fill out US tax forms as well as French. One thing about the French system I’ve never really understood is their “logic” about income: Brut, Net, Abbatu [sic], Imposable € each one is different. But why not just say you made this much and this is what you owe in taxes?

You Can’t Always Get What You Want” is a song by the Rolling Stones on their 1969 album Let It Bleed.Written by Mick Jagger and Keith Richards, it was named as the 100th greatest song of all time by “Rolling Stone” magazine in its 2004 list of the “500 Greatest Songs of All Time”.

This is true for everybody no matter what the situation is. If only people were reasonable regarding their wants and if only they could choose wisely! Being a foreigner adds a considerable twist because foreigners are uprooted from their homes, what they are viscerally attached to. Therefore they miss the life they had before on many occasions: home, family, a social status, the ability to fit in, favorite foods, and so many other things. I find it interesting to see how often the craving for a particular food is stronger than the desire to see family members. This shows how deep-seated these physical and emotional yearnings are. This can be summed up this way: ” why can’t I get this here?” Being an immigrant always means being torn apart and these hankerings are just the most visible illustration. To add insult to injury, the laws of the country make it even harder for foreigners to get many things, and this is very true about France. I have countless examples of this. For example, there is the legal obligation to carry an ID in France, except that for the French nationals, the first issuance and the renewal alike of the carte nationale d’identité is so much easier to get than any carte de séjour, which is the equivalent for foreigners in France.

In this issue, a minor change in URSSAF regulation has created a nightmare for immigrants because the prefecture has not taken it into consideration. In this situation, the foreigner is caught between a rock and a hard place when each authority applies its own rules and ignores the difficulties created for the foreigner. Then what appears to be a positive development, such as the creation of a multi-year residency card ( carte de séjour pluriannuelle),is seen by the NGOs who defend the rights of foreigners as a possible regression because it could make it even harder to obtain the ten-year carte de resident. A tiny detail shows that this concern is plausible, since the new cards will last up to four years when the previous ones lasted for three, but cannot be renewed which means the benefits of this status last for only four years instead of six. I do not see this as progress.

The Rolling Stones played very recently in Cuba in front of half a million people. Public opinion regards this as excellent news, maybe because the Stones attracted such a large crowd although they had never played in Cuba before; or maybe it is that Cuba has changed so much in the “right” direction that the Stones were allowed to play; or maybe it is the fact that the members are all past retirement age and yet are still playing strong. Maybe the Stones got what they wanted after all.

CHANGE IN MY BUSINESS
Things are changing fast. I was hoping that I could keep the offices that Alliage SARL rents but the cost is too high if there is no tenant in the other two office space areas, and I did not want to spend too much time managing their rental, which always bring complications. Renting out one set of offices would have been OK, but not two, I finally decided.

So I will soon be looking for a new office. Here are the characteristics I have in mind:

• Very quiet, which means in the courtyard rather than on the street
• On the ground floor or one floor up, or in a building with an elevator
• Monthly rent no more than about 1,000€ TTC
• One room or, at most, two rooms, about 30m2 to 50m2
• Completely independent entrance, not shared with other offices
• About five minutes’walk from a major metro stop.
• That would be a pretty good start.

NEW URSSAF REGULATION HAS DRAMATIC EFFECT ON IMMIGRATION ISSUES
Since time immemorial in France, self-employed status has been obtained by professional who sell services or expertise (profession libérale), merchants who sell goods (commerçants) or craftsmen (artisans) .

Then, under a law passed on August 1st 2003, the tax administration created a very simplified fiscal status defined as ’93micro’94 that did not require keeping a full set of books. For the profession libérale it was régime special micro BNC, which stands for bénéfices non commerciaux; the others had micro BIC, which stands for bénéfices industriels et commerciaux. The translation would be industrial and commercial profits and the other one would be non commercial profit.

The critical innovation with the micro status was that profit was defined by law rather than the person’ s account books. Profession libérale had a limit, most recently, of 32,900€ in sales per complete calendar year and the profit equaled 65% of total sales. For commerçant the latest limit was 82.200€ in sales and profit equal to 29% of sales, and for artisan it was 32.000€ and 50%.

On January 1st 2009, the auto-entrepreneur fiscal status using the same limits as the ’93micro statut’94 came into effect and was a huge success right away, with the profession libérale and commerçant artisan.

So for seven years these two varieties of legal status have existed side by side, MICRO BNC/BIC and auto-entrepreneur. This situation was great since it allowed non-EU citizens living in France to develop businesses following prefecture guidelines although prefectures consider auto-entrepreneur to be similar to commerçant artisan, making it extremely difficult for anyone working in a profession libérale category to obtain a carte de séjour as an auto-entrepreneur. Nevertheless, it was relatively easy for foreigners to obtain the right to work in France, secure their stay in France, and even bill clients in other countries, including the USA, under the traditional MICRO BNC status.

However, at the beginning of 2016, under a new regulation, URSSAF completely put an end to the MICRO regimes, leaving only auto-entrepreneur status. This really hurts non-EU foreigners, who are now stuck with the impossible choice between auto-entrepreneur (and thus incurring the wrath of the prefecture) and the régime réel,the fiscal status corresponding to higher revenues (annual sales of more than 32.900 €; requires dealing with the French value-added tax (TVA) and itemizing expenses). This means foreigners will not only have to deal with a new country and a new way of doing business, but also dive fully into the complex French tax system.

I asked the manager of the prefecture office dealing with the Americas what the new guidelines were as a result of this radical change. His answer? He did not know of the change, and there was no adaptation of prefecture policy. I pleaded for some understanding of the awful consequences for foreigners stuck in the middle. He finally understood how bad the problem was but could do nothing about it.

I am actively trying to find a solution to avoid this nightmare but for the moment I am not sure what can be done. When I told someone at URSSAF what the prefecture official said, she was stunned. How was it possible, she asked, for the prefecture not to take into consideration this new regulation that has just gone into effect? I will be sure to keep my readers informed of any further developments.

URSSAF’S PARISIAN BRANCHES NOW REQUIRE APPOINTMENTS
French officialdom has long allowed people to be served at various agencies without an appointment. There are often long lines as a result, and France is famous for that, even though it is becoming less and less common. Today people’s expectations and modern schedules mean that long waits in line have become less acceptable. Accordingly, URSSAF is changing its policy: as of April 4th 2016, anyone wishing to meet with an URSSAF official must make an appointment.

There are several reasons to seek such a meeting: registering to start a business, changing one’ s address, closing one’ s URSSAF account, asking for a schedule of payments, disputing the amount charged, and so on. With this agency, it is a lot more efficient to meet an official in person and get the business done well the first time. To book an appointment, go to www.iledefrance.urssaf.fr and click on ’93nous rencontrer’94.

There are two branches of URSSAF in Paris: one in the northern part of the city at 11 rue de Cambrai in the 19th arrondissement and the other in eastern Paris at 3 rue de Tolbiac in the 13th. The latter is very easy to get to by metro and/or RER C (Bibliothèque François Mitterrand station) and easy to find; the former is hard to get to and hard to find (between metro stations Corentin Cariou and Porte de la Villette on line 7).

MAJOR CHANGES REGARDING THE MULTI-YEAR CARTE DE SEJOUR
The government has been talking about creating several new types of carte de séjour. There are several ways to obtain a “carte de séjour” that lasts several years. Until recently there were eight types of categories “(mentions)” stated on the card itself: “visiteur, étudiant, salarié, vie privée et familiale, commerçant-artisan, scientifique, artistique” and “compétences et talents”.Now law 2016-274 relative au droit des étrangers en France, passed on 7th March 2016, combines the last three into a category called passeport talent. The law can also address several other situations that are not yet clearly defined yet. One thing I find interesting is that the passeport talent is not supposed to be renewed. Previously foreigners could have six years with the former three types of status, but now it goes down to four. The law clearly states that it is expected that these people will leave France unless they can secure another type of immigration status.

Another change is that students can now receive a multi-year card. This mostly concerns students working on a doctorate, which can take several years; there is little reason to review their situation every year. The same logic applies to some employees. Expatriates could already receive a three-year card, and now it can last for four years. People with a French contract working under local labor laws will also benefit.

One non-profit organization helping foreigners in France fears that the prefecture will soon make it even more difficult to obtain a carte de résident, which is valid ten years. Depending on how many people benefit from the other multi-year cards, this is a real risk.

Finally, the autorisation provisoire de séjour (APS) is getting better in two ways. The APS for students holding a master’s degree can now easily be changed to an employee APS, and they can better retain this status even if they change employers early on. There is also one now for the self-employed, which lasts one year and allows people to register and start a business before having to go to the prefecture to submit their file. In the latter case, the APS should help in obtaining the carte de séjour if the prefecture is fair.

NOTAIRES MUST GUARANTEE A PERFECT PROPERTY TITLE OR INFORM THE BUYER
I write regularly about the notaire and how important this professional is in the purchase of real estate in France. An article I read in the November 15th 2015 issue of Le Monde illustrates again how critical the notaire’s work and how perfect the property title must be when one buys real estate in France. The article covered a lot of issues but I would like to focus on one particular.

A house was destroyed by a fire. The owner then discovered that it had been built without a permit and that its location had since been declared off limits to construction because of flood risk, so she was not allowed to rebuild. She sued the notaire for failing to discover the lack of building permit, which exposed her to this risk; the house had been built less than 30 years before the fire, and the statute of limitations in property cases is 30 years. The notaire had an obligation to check the history of the house all the way back to its origin, including the paperwork and authorization needed to erect the house.

The lawyers of the notaire argued that such verification was not mentioned anywhere as being necessary and therefore no error was made. But the French Supreme Court ruled on December 5th 2014 that the notaire had a professional obligation called the devoir de curiosité ’96 essentially, a duty to investigate out of curiosity at how things happened. This creates a very broad obligation, as it defines the notaire’ s duty as not just going down a list of things that need to be checked but also doing a second or even third round of checks, depending on what documents turn up in the initial round.

As the Supreme Court put it, ’93ni la formalité d’une déclaration d’ouverture de chantier, ni l’existence d’une garantie d’achèvement ne dispense le notaire, tenu d’assurer l’efficacité de l’acte de vente en état futur d’achèvement, de vérifier le commencement effectif des travaux, et d’informer les acquéreurs des risques qu’ils couraient’94 (neither a declaration of the start of construction nor a guarantee that the construction was correctly done exempts the notaire from checking the validity of the purchase of a planned house and the condition in which the work started, and informing the buyers of any related risk).

In other words, if a buyer is informed of such risk and goes ahead, the notaire incurs no professional liability. This decision is good news for buyers of real estate in France, as it illustrates that the lack of title insurance in France is offset by the strictness of the notaire’s professional obligation to either draft a perfect title or inform the buyer of all issues preventing one.

FRANCE CONTINUES TO HAVE MORE BABIES THAN THE REST OF WESTERN EUROPE
In 2014, out of the 5.1 million births in the European Union, France accounted for 819,300 ’96 the highest number in the EU. The French birth rate is 2.01 children per woman of child-bearing age. Nevertheless, this is below the replacement rate needed to keep the population from dropping, which is 2.10.

The average age for having the first child is now about 30, which shows that the trend of having children later and later has continued. The figure I find interesting is that 56.70% of babies in France are born out of wedlock. In Iceland, the rate is even higher at 66.9%. But in most of Europe such figures indicate a change in how society sees marriage, rather than teen pregnancy.

In the USA, being born out of wedlock largely involves teen pregnancies and single motherhood. These phenomena are comparatively rare in France and most of the rest of the EU. Much of European society considers marriage to be just one option for living as a couple and having children.

Thus, one obvious conclusion one can draw from the out-of-wedlock figure is that a majority of stable couples in France are not married. With civil unions now legal in three-fourths of the 28 EU countries (the exceptions are Bulgaria, Italy, Latvia, Lithuania, Poland, Romania and Slovakia), there is an official alternative to marriage, which fully recognized in France. « PACS’couples (those bound by a pacte civil de solidarité or PACS) are treated by society and the authorities the same as married couples for almost everything.

These developments may be somewhat related to the fact that France is now considered a secular country, with the Roman Catholic Church no longer universally recognized as an authority. But countries with higher numbers of Catholic people, such as Ireland, Italy, Poland, Portugal and Spain, have out-of-wedlock birth rates above 20%: Ireland’s is 35.1%, for example, and Portugal’s 45.6%. So if the decline of church authority is one explanation, it cannot be the only one. Germany’ s rate is 34.5% and the Scandinavian countries all exceed 50%, while France tops even them. This issue must looked at country by country, taking into account the specific situation of each ’96 which includes, of course, its history and the prevalence of a religious authority.

I would like to remind everyone that there is no January issue.

Best regards,

QUESTION

THE RIGHT OF A MINOR CHILD TO TRAVEL WITHOUT PARENTS

I have been living in France for over ten years and early on I had a child in Paris with a Tunisian who ended up moving back there shortly after our daughter’92s birth. Shortly after her birth, I took the father to court to rule about guardianship, visitation rights, and child support. The outcome was that my daughter lives with me, and I receive some money for her but I must have his written authorization for her to leave France. Lately, he has finally come to Paris to see her. She is in her last year of elementary school and the school hopes to take the students to London for a week this summer before they go on to middle school. So the teacher has asked the parents to get the paperwork ready for the students to participate to this field trip. This is when I discovered that my daughter cannot go because she does not have a document de circulation and when I went to the prefecture to ask what I needed to do, I was told that I needed a sworn statement from the father authorizing the issuance of this document. Her American passport is not enough, she must also prove that she resides in France. Of course, I have not said a thing about the court ruling. Her father is taking advantage of the situation and is blackmailing me; he wants her to visit him regularly, unaccompanied, in Tunisia, and he wants to lower his monthly contribution. Can I get this document without his consent?

QUESTION

A WATER DAMAGE CLAIM AND INSURANCE COMPANY DEMANDS

I am an American living in the USA and I have owned a very cozy apartment near Les Invalides for about ten years. I recently suffered serious water damage from my neighbor upstairs. The décor and especially the paint job is very refined and therefore very expensive. The various experts, the neighbor, the syndic employee managing my building, my contractor, and other people visited my apartment to appraise the damage. Based on what I have been told, my expert is waiting for several documents before stating if I will be reimbursed in full. I have been told many times that French insurance companies reimburse a tiny fraction of the damage incurred. I just received a letter from my expert, saying he wants a « relevé d’hypothécaire », an « attestation de non credit » or « autorisation de paiement de la banque »,and an « attestation notarié de propriété.

I am very confused by what appears to be a request for documents authorizing an automatic payment withdrawal from my bank. But perhaps I misunderstand the request? Can you help me understand what is being asked for and why they need these items?

The song “Won’t Get Fooled Again,” by the English rock band The Who, written by Pete Townshend, is found on the 1971 album Who’s Next. Many consider it an anthem for the 1970s generation protesting the Vietnam War and the establishment in general.

Decades later, many people, especially foreigners, may continually feel that people out there are waiting to take advantage of them. As I often say, this impression is far from always being true. A recent example: at a branch tax office, at 4:15 on a Friday afternoon (minutes before closing time), the branch manager asked one of my clients to come back on Monday, after delivering what appeared to be a lecture about Americans coming to France and working without any authorization. My client felt personally attacked and feared a complete audit, and so was very afraid of what could happen on Monday morning. But all the manager wanted to do was offer a compliment about the fact that the business had been duly registered and everything was in order; she just wanted to express her appreciation for what, after all, should be the norm, i.e., compliance with the law.

Knowing the IRS, I fully understand how such an encounter could be completely misunderstood, leaving the foreigner worried sick the entire week-end.

AUTO-ENTREPRENEUR STATUS AND HOLDING A STUDENT CARTE DE SEJOUR
Some situations, however, may be the exact opposite: the foreigner feels reassured by what appears to be caring guidance, when in reality he/she is being advised to do something criminal with severe adverse consequences. Here again is a recent example: an American student taking an intensive French course is offered work as an English teacher by a small school. Instead of proposing the normal employee position that would be compatible with student immigration status, which comes with the right to work as an employee for 60% of a full-time salary calculated on an annual basis, the employer advises my client to become an auto-entrepreneur. The main reason put forth is that it is supposed to be simpler and cheaper, which is true for the employer but not for the employee. The worst thing is what the foreigner is never told: this self-employed fiscal status is completely incompatible with student immigration status. So when it is time to renew the student status, the préfecture easily finds out about the situation and refuses the request to renew the student immigration status even though the foreigner complies with all the requirements to obtain the student carte de séjour.

This major violation of the law regarding working in France is a very good reason to refuse such a request.

It is astonishing how often I am asked about this same situation through emails and phone calls as well as my sessions at the church. I have the feeling that I am confronting an epidemic of this wrong decision turning disastrous every single time. If you are a foreign student who is considered to be enrolled full time at a university or community college registered with the Ministry of Education, you have the right to obtain a student immigration card.

The news should be spread as quickly and thoroughly as possible. Way too many people are being misled into a disastrous situation, feeling secure in their choice, since the employer is advising them to do it and even helping them register (URSSAF issues the appropriate documents upon receiving the registration request). The foreign student is being completely fooled by what feels like the right thing and everything goes smoothly and nicely, which is a change for once when dealing with the French administration.

I repeat: the student carte de séjour only allows one to work as an employee and nothing else; there cannot be any kind of registration of any kind done by the employee in France. And French law requires teachers in a school or agency to hold employee status. So requiring auto-entrepreneur status for a teaching job is the second major violation of the law in such situations.

It is very, very hard for foreigners to differentiate between people who are genuinely helping and those who are deceitful. The worst part is that the biases we too often bring with us from the home country can create a false sense of security or danger. In short, as a foreigner in France, do not trust your gut reactions: they can be wrong more often than right. You are most assuredly a fish out of water.

ATTESTATION URSSAF DE COMPTE À JOUR FOR CMU INSURED
The following situation may sound odd, but it illustrates a much bigger issue. The préfecture always prefers getting confirmation that an applicant for renewal of immigration status is up to date on all necessary payments. In one recent case, the applicant had registered with the French public health coverage as not working in France. This program, part of the Assurance Maladie, is called CMU, which stands for Couverture Médicale Universelle. The payments are made to URSSAF, even though CMU registration is for private individuals rather than self-employed people. This oddity creates some difficulties. The préfecture’s view is that because it is paid to URSSAF, the normal procedure for the self-employed should be followed and the applicant should have a special statement from URSSAF that there is no outstanding debt. URSSAF rightfully considers these people non-professionals and therefore is very reluctant to issue such a document since a private individual does not need to prove that no money is owed, especially since the coverage remains whether the money is paid or not. Thus, even though this health coverage is well accepted by the préfecture, obtaining the payment document has become an unpleasant task, as one often has to go to a nearby URSSAF branch and explain in order to obtain it (it is very rarely sent in the mail). This illustrates quite well the difficulties one has to deal with when two divisions of the administration ignore each other’s policies and requirements, leaving the individual too often stranded in the middle.

OFFICE TO CLOSE FOR THANKSGIVING
My office will be closed from the end of Thursday November 20th until 9AM on Wednesday December 3rd, instead of for the usual Christmas vacation. 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. I will let individual clients know how to receive or retrieve their mail during this period.

I will also close the office for one week over Christmas since I will be celebrating out of Paris with my family.

Best regards,

QUESTION

CARTE DE RÉSIDENT – ISSUE WITH CURRENT STATUS & LABOR CONTRACT

I need some advice regarding how to obtain the carte de résident, which has a ten-year validity. I have been living in France holding a carte de séjour called « scientifique, » and have had several ongoing CDDs, all for the same employer and in the same lab, for more than five years now. During that time I got married and my wife is an non-EU citizen who worked in IT for more than three years in France. We also have a one-year-old daughter born in France and my wife stopped working to take care of her.
My CDD contract is ending soon and I do not have a definite answer for another job right now. We would like to continue to live and work in France. So we thought of applying for a carte de résident on the grounds that I have lived in France for more than five years. I do not speak good French but my wife does and she has also taken language courses.
I want to know our chances of getting the ten-year card given the condition that we both are going to be jobless soon. Do you have any advice on how can we increase our chances?

QUESTION

TONTINE AND CHILDREN OF A PREVIOUS UNION

My husband, a British citizen, and I, an American citizen, have been legal and fiscal French residents for years. My husband has children from a prior marriage, and I have too. We purchased our home in July 2010 en tontine, having been told that should either of us die, the home would pass to the surviving spouse as if he/she were the sole purchaser at the time of sale. That surviving spouse would have the right to sell the house without any need for agreement by any children or could live in it until death and then it would pass to the surviving spouse’s children. Now we are told that this is not the case: that yes, the surviving spouse can live there until death; but no, the surviving spouse cannot sell the property and retain the proceeds as his/her property. Can you please clarify this for me? The house is paid for. I am feeling very vulnerable right now.