All 5 rules for France

France tax residency: the 183-day rule and the other tests

You’re tax domiciled in France if your home or your main place of stay is there, you work there, or the centre of your economic interests is there — any one is enough. Your main place of stay is generally where you spend more than six months of the year: 183 days or more in France.

France 183-day calculator

Staying in France for 183 days or more in a calendar year makes it your main place of stay, one of the tests for French tax residency. Any part of a day counts.

France tax residency: four tests, any one is enough

Under article 4 B of the French tax code, as the tax administration explains it, you’re domiciled in France for tax if:

  • your home (foyer) is in France — where you and your family normally live — or your main place of stay is there;
  • you work in France, employed or self-employed, unless only as a sideline; or
  • the centre of your economic interests is in France.

Domiciled in France, you’re taxed there on your income from all sources, French or foreign, subject to tax treaties.

At a glance France
The day test your main place of stay: 183 days or more — more than six months
Over the calendar year
Not the only test your home, your work or your economic interests in France make you resident too
The year you move the six-month rule isn’t used

The 183 days: your main place of stay

Your main place of stay is in France when you’re personally and effectively present there for most of the year, wherever your family lives — even in a hotel or a home lent to you. As a general rule, that means more than six months in a year: Service-Public counts 183 days or more.

It isn’t absolute. The courts have also found a main stay in France for someone who spent far longer there than in any other country, and none for someone who spent 65 to 70 days a year in a French hotel. In the year you settle in France or leave it, the six-month rule isn’t used at all.

Worked example

You spent 1 May to 8 August in France: 100 days. Arriving again on 1 September, you can stay until 21 November — your 182nd day this year. Staying on 22 November would be day 183, and France your main place of stay for the year. That’s the day test alone: a home or work in France would count first.

Other countries count their days their own way: Spain, Switzerland and the rest in the 183-day rule by country.

How FlySee counts it

FlySee has no France tracker built in; a tax tracker of your own counts the main-stay test: France, fewer than 183 days, the calendar year, any part of a day. The other tests — your home, your work, your economic interests — aren’t counted, and any one of them makes you resident whatever the days.

France tax residency: questions and answers.

Is it 183 days or more than six months?

The same thing: Service-Public counts 183 days or more in the year, which is more than six months. The tax administration calls it a general rule, not an absolute one — a stay in France much longer than in any other country has counted too.

Can I be French tax resident with fewer than 183 days?

Yes. If your home — where your family normally lives — is in France, you work there other than as a sideline, or the centre of your economic interests is there, you’re domiciled in France whatever the days.

My family stays in France while I work abroad. Am I still resident?

Usually, yes. Your home stays in France where your family normally lives and meets, even if work keeps you abroad for most of the year.

Does the six-month rule apply in the year I move?

No. In the year you settle in France or move abroad, the six-month rule isn’t used; that year’s income is taxed under the rules for the year of arrival or departure.

What if a tax treaty says otherwise?

The treaty comes first. France’s definition of tax domicile applies subject to international conventions, and a treaty with the other country can lay down different rules.

Sources

FlySee counts days; it doesn’t give tax advice. Whether you’re resident is for you and your adviser.

Track it in FlySee

Track days in every country and know the date you can stay until.

  • A tax tracker of your own counts the main-stay test: fewer than 183 days in the calendar year, any part of a day
  • Shows the date you can stay until, and the days left this year
  • Gives you a heads-up before you reach the limit
  • Exports your days by country as PDF, Excel or CSV for your accountant
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