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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 1412
Experience:  11 years experience as judge at Paris Industrial Tribunal
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I have been told that I have to pay Tax Foncieres & Tax Habitation

Customer Question

I have been told that I have to pay Tax Foncieres & Tax Habitation for 2015. I left France in December 2014 but house sale was not finalised until Jan 5th 2015.
If required to pay these taxes can I claim anything from the house buyers who will be owners for 360 days of 2015 ?
Would a European Arrest Warrant be issued if I refuse to pay ?
I am a UK citizen. Thank you, ***** ***** gratefully received ! Keith Knight
Submitted: 1 year ago.
Category: French Law
Expert:  Thegonnec replied 1 year ago.
You may claim payment (360/365) from your buyers if this was specifically written in the promesse de vente or in the deeds. This is a clause one usually add in these cases.However, as regards ***** ***** you are liable to pay these taxes, on time. Whether you obtain partial repayment from the buyer or not is not their concern. Their debtor is the owner as of January 1st.If you refuse to pay, you will hardly face a European Arrest Warrant but the French Treasury will definitely go against any asset you may own in any EU country (all costs add up pretty steeply) and one hope you do not need to travel to France in the coming years or do business in France.
Customer: replied 1 year ago.
Thank you for this guidance. Good to know Euro Warrant unlikely. I am though disappointed to learn the French Treasury may come after my assets.
I made it clear (& have witness to the fact) at the compris de vente (22nd Oct) that the process must be completed by year end. It was stated that it could be as late as 30th December but that earlier (around 14th Dec) was more likely. As the buyers were the notaires paying customers I had no notion of being in a position to dictate events or make any demands.I left France on 22nd Dec 2014 and received no paper work (to check) until after the 5th of Jan 2015. Then of course (understandably) the paper work was entirely in French. However, I do not believe there is any provision for 5/360.Can I claim from the notaire practice for not protecting me from these expenses, and/or can I claim for reimbursement, or for distress (or whatever) from the buyers ? They being French citizens and home occupiers have received services (rubbish collection etc) for a year without making any contribution whereas I, a UK citizen not resident in France during 2015, will be expected to pay their life costs for them.Can I win a 'morality' aspect in the French courts or would your advice be 'pay up and endure the pain'?I am in a low income bracket and indeed have an income below the current poverty line here. I have never owned two properties and no longer own any property at all. What funds I have need to last me for what remains of life.Sincerely ***** ***** thanks. Keith Knight.
Expert:  Thegonnec replied 1 year ago.
Unless the compromis specifically states that the buyer will reimburse you a pro-rata of the taxes for the year, you have no legal recourse whatsoever. What you can do is appealing to their sense of decency and fairness. But in court, you would just face having to pay their legal costs, damages for the trouble, and the taxes...The clause allowing the seller to claim a prorata payment from the buyers (which is a private matter. For the Treasury, only the owner on January 1st is liable to pay the tax) is quite common but not compulsory. The year one move places, one usually pay local taxes at one's former address. Which, anyhow, is the rule of law.

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