WARNING: tax returns

For topics that are specific to France, please go here.
olive
Posts: 1588
Joined: Mon May 28, 2007 7:50 am

WARNING: tax returns

Post by olive »

If you are registered with the Prefecture or Gîtes de France and are not registered with the Chambre de Commerce you will find that the standard forms you have received are totally inapplicable.

Gîtes de France informs me that they will be receiving the right forms shortly, which will then be distributed to all owners.

Our tax officer has no idea what the latest legislation is, nor any idea what the new limit is for microbic.
esentziak
Posts: 322
Joined: Fri Mar 28, 2008 5:31 am
Location: Lyon 69003 France
Contact:

Post by esentziak »

Thanks for that Olive.

I presume we need the forms so we can still avail of the 70 per cent write off and the standard forms are not applicable ?

Dominique
esentziak
Posts: 322
Joined: Fri Mar 28, 2008 5:31 am
Location: Lyon 69003 France
Contact:

Post by esentziak »

me again !

How do you know this ? just asking as I am going to ask Clévacances if they know anything about this

thanks

Dominique
olive
Posts: 1588
Joined: Mon May 28, 2007 7:50 am

Post by olive »

There is no reason why Clévacances should know about it, Dominique, as they are not concerned. Only properties registered with Gîtes de France or with the Préfecture(= meublée de tourisme) will get the 71% abattement & the 80K seuil.

Unless, of course, Clévacances is the agency which has done the report for the Prefecture (enabling a meublée de tourisme classification) : in this case it will, indeed, know about the form - and it will send it out.


I know about the supplementary forms because I had a tremendous shock when I read the tax return form, which triggered a call to the local tax ofice (giving me another shock) and then started me off on a trail of research.

We now have the answer to the question "how will the tax authorities know who is really registered or not?" - anyone who is properly registered will receive a form which will, no doubt, be nominative. This form has to be sent with the normal return.

Bets on which forum has this news first?
la vache!
Posts: 11065
Joined: Wed Feb 16, 2005 7:22 pm

Post by la vache! »

olive wrote:There is no reason why Clévacances should know about it, Dominique, as they are not concerned. Only properties registered with Gîtes de France or with the Préfecture(= meublée de tourisme) will get the 71% abattement & the 80K seuil.
Do you have to send in proof of this with your tax return olive? There are going to be some miserable gîte owners if they suddenly discover they can't continue with the previous abattement and seuil that they benefitted from when they send in their tax return.
olive
Posts: 1588
Joined: Mon May 28, 2007 7:50 am

Post by olive »

Logically, LV, only those owners (LMNP) registered in 2009 with GdeF or the Préfecture (as meublées de tourisme) will receive the NOMINATIVE form allowing the magic 71%, 80K formula. Everybody else will just have the standard tax form (which we have all received) with only one box to fill in, giving them 50% abattement on max revenue of 32K.
The form itself is the proof. The form is provided by the agency responsable for the initial inscription. The tax office doesn't have to check anything. if the contribuable isn't registered there is no way s/he could have the form. (Short of forgery, but that is not advisable.)

I couldn't believe my eyes when I read the standard form, since it gives no indication that the recent changes to LMNP have been applied! Nor does it give any indication that a special form is to be filled in.
Our local Préfecture, btw, knows nothing about it - but that's understandable, since it is the agency dealing with the inscriptions (in our case, GdeF) which sends out the forms, not the Prefecture.
User avatar
Normandy Cow
Posts: 2687
Joined: Sun Nov 28, 2004 7:14 am
Location: Normandy
Contact:

Post by Normandy Cow »

All the above is gobbledegook to us as our UK based French accountant deals with our taxes, so I contacted him to ask about whether I needed to submit that* form to my local mairie and this is his reply:
You are registered at the local tax office via the P0 form under Location en Meuble Non Professionnelle – this is the correct method for your accounts.
*Not even sure whether you guys are even discussing the same form - the one I mean is the one that was mentioned in another thread which said all gites had to be registered with their mairie by June this year

Arghh! help!
la vache!
Posts: 11065
Joined: Wed Feb 16, 2005 7:22 pm

Post by la vache! »

olive wrote:Logically, LV, only those owners (LMNP) registered in 2009 with GdeF or the Préfecture (as meublées de tourisme) will receive the NOMINATIVE form allowing the magic 71%, 80K formula. Everybody else will just have the standard tax form (which we have all received) with only one box to fill in, giving them 50% abattement on max revenue of 32K.
So what are the rental owners who don't have the correct classification, and whose revenues exceed the 32k euro limit going to do if they are still registered as a micro-bic when they shouldn't be?
olive
Posts: 1588
Joined: Mon May 28, 2007 7:50 am

Post by olive »

"submit that* form to my local mairie" - the mairie??
I am referring solely to a tax return.
Tax returns are not submitted to the mairie but to the tax office.

"all gites had to be registered with their mairie by June this year" - this is a totally different issue, related to tourism. My concern is only a tax issue.


"So what are the rental owners who don't have the correct classification, and whose revenues exceed the 32k euro limit going to do if they are still registered as a micro-bic when they shouldn't be?"

I don't know what you mean by "registered", LV. Can you explain, please?

What is clear is that they will not be able to apply the microbic provisions if revenue exceeds 32K.
esentziak
Posts: 322
Joined: Fri Mar 28, 2008 5:31 am
Location: Lyon 69003 France
Contact:

Post by esentziak »

Hi Olive

re: There is no reason why Clévacances should know about it, Dominique, as they are not concerned. Only properties registered with Gîtes de France or with the Préfecture(= meublée de tourisme) will get the 71% abattement & the 80K seuil.

Unless, of course, Clévacances is the agency which has done the report for the Prefecture (enabling a meublée de tourisme classification) : in this case it will, indeed, know about the form - and it will send it out.


Yes, Clévacances are the agency which does the visit for the Préfecture.

I know in Lyon it is taking ages to get the visit done and I wonder what happened to owners who have requested their registration and are still waiting. Will they get the abattement ???

This is not logical as the lady from Clévacances has told me you do not have to register with the Préfecture, but of course now you have to register with the Mairie even if you are already registered with the Préfecture.

Dominique
la vache!
Posts: 11065
Joined: Wed Feb 16, 2005 7:22 pm

Post by la vache! »

olive wrote: I don't know what you mean by "registered", LV. Can you explain, please?

What is clear is that they will not be able to apply the microbic provisions if revenue exceeds 32K.
Yes, forget the registered bit, I meant that I wonder what taxes/action will be applied if the revenues are over the microbic limit?
And NC, I don't think it applies to you as you are in the réel régime rather than a microbic (going on your previous posts.)
olive
Posts: 1588
Joined: Mon May 28, 2007 7:50 am

Post by olive »

"what taxes/action will be applied if the revenues are over the microbic limit? "
You'd have to be a bit of a dodo to use the microbic box to put in your income if it exceeds 32K. It is clear that this box only applies to income less than 32K. The tax authority would just tax you without applying the abattement.

"What happened to owners who have requested their registration and are still waiting. Will they get the abattement ??? "
No reason why they would. Either they are registered or they aren't.

"The lady from Clévacances has told me you do not have to register with the Préfecture"
- this is true. You only "have to" register with the Prefecture if you want your property to be a meublée de tourisme.
User avatar
Normandy Cow
Posts: 2687
Joined: Sun Nov 28, 2004 7:14 am
Location: Normandy
Contact:

Post by Normandy Cow »

la vache! wrote: And NC, I don't think it applies to you as you are in the réel régime rather than a microbic (going on your previous posts.)
Thanks LV, and thinking about it, our turnover for the year is just over €20K, so we are nowhere near the €32K limit!
(Sometimes it's really useful to be "low-grade"! :lol: )
User avatar
Richard D
Posts: 563
Joined: Sat Mar 03, 2007 5:19 pm
Location: Charente-Maritime, France
Contact:

Post by Richard D »

olive wrote:"what taxes/action will be applied if the revenues are over the microbic limit? "
You'd have to be a bit of a dodo to use the microbic box to put in your income if it exceeds 32K. It is clear that this box only applies to income less than 32K. The tax authority would just tax you without applying the abattement.
Oh well, you'd better call me a dodo then Olive as I've done exactly that and I'm not registered with Gites de France or the Prefecture or the Chambre de Commerce and haven't received any "special" forms either - just the same ones I get every year.
olive
Posts: 1588
Joined: Mon May 28, 2007 7:50 am

Post by olive »

Of course you haven't received any special forms, Richard!
You are not entitled to them.
You will be taxed according to your declaration on the standard forms because you are not entitled to the 80K/71% bracket.
Only those owners properly registered are (I am told) going to receive the forms, which give them the 80K/71% package and also give the tax authorities the proof of registration.
This seems perfectly logical.
If you read p12 of the Notice you will wil see a paragraph entitled "Régime des micro-entreprises" - it is not subtitled "professional" or "nonprofessional" - which clearly defines the criteria for micro-entreprises. (There is a mistake - an omission - in this paragraph but most taxpayers won't notice it and it doesn't affect your liability.)
It also clearly states that the limit of 32K applies to louers en meublée (& adds that this does not apply to owners properly registered).
Once you have established whether or not you fall into this category (and, apparently, you don't) you have the choice in section C of the declaration between micro-entreprise (line SNP) and régime réel (line SNY: locatiions meublées nonprofessionnelles).
Post Reply