Impatriation regime (impatriés)

The tax system introduced for "immigrants" aims to attract executives and employees to France by providing various income tax benefits under certain conditions and for a period of up to 8 years.

To whom it concerns

Employees and certain managers called upon to carry out activities as the main activity of a company established in France for a fixed or indefinite period, regardless of their nationality.

Managers eligible to participate in the program are as follows:

• As part of a public limited company (SA) or a simplified joint stock company (SAS):
  — Chairman of the Board of Directors;
  - CEO;
  — Deputy General Director;
  — temporarily delegated director;
  - Members of the Board;
  — any director or member of the supervisory board with special responsibilities;
• In a limited liability company (SARL): minority or equal managers;
• In other companies or institutions subject to company income tax (IS): executives who are subject to the employee tax regime.

This mode is intended for:

• People employed directly abroad by a company established in France;
• people hired by foreign companies to work in France.

On the other hand, persons who arrived in France to carry out their professional activities and changed their place of residence on their own initiative cannot benefit from this regime.

Conditions of the impatriation regime

Two conditions must be met:

1. Be a French tax resident during the year in question; and
   not reside in France for tax purposes during the 5 calendar years preceding taking up office.
2. The date of entry into office is the date of commencement of activities in a company established in France.

Compliance with these conditions is assessed for the calendar year. If they are not fulfilled during the year, the person concerned loses the right to benefits under this regime for the corresponding year, without losing it for either past or future years.

Duration of application of the regime

The duration of the immigrant regime is 8 years for eligible employees and managers who began their duties on or after 6 July 2016.

The duration of use was previously 5 years.

• If they take office before July 6, 2016, eligible employees and managers can take advantage of the program until December 31 of the 5th year after taking office;
• For those who take up their duties on July 6, 2016, they can take advantage of the regime until December 31 of the 8th year following the one in which they take up their duties.

Advantages

Exemption of elements of remuneration received for professional activities

• Remuneration Supplements Associated with Impatriation

The portion of remuneration directly attributable to immigration, or the “impatriation bonus,” is exempt from income tax. Other components of the remuneration are not affected.

The actual amount of the bonus should, in principle, be provided for in the employment contract or corporate mandate or in an application drawn up before taking up the position.

Without directly mentioning the amount, it must be exempt from tax and must be determined on the basis of objective and precise criteria specified in the mandate or employment contract.

For people employed directly abroad by a company registered in France, the bonus may be awarded on a fixed basis.

In this case, it is considered equal to 30% (maximum) of the total compensation.

This income tax exemption from the impatriation premium may be full or partial. Part of the exempt income is not subject to income tax.

The portion of income exempt from income tax under the impatriation scheme is not taken into account in the tax base at source.

It remains subject to the following condition: the net taxable remuneration (excluding bonuses) of the immigrant must be at least equal to the net taxable remuneration received by employees holding comparable positions within the company (“Standard Remuneration”).

Otherwise, the difference between the two remunerations must be reintegrated into the immigrant's net taxable remuneration.

A certificate from the employer indicating the reference remuneration and explaining this comparison may be provided to the interested party for transmission to the tax authorities as evidence of compliance with this condition.

The variable part of the impatriation bonus is also taken into account.

• Share of remuneration corresponding to activities carried out abroad

Persons eligible to participate in the immigrant regime may also be exempt from income tax on that portion of their remuneration (basic salary and remuneration allowances) that is attributable to their activities carried out abroad.

They benefit from this exemption if travel abroad is for the “direct and exclusive” benefit of a company established in France in which they carry out their main activities.

This interest can be confirmed, for example, by expense reports, travel orders or transport tickets.

To determine the portion of remuneration that may be exempt from income tax, the number of days of activity abroad can be calculated and applied to the total number of days of actual activity in the year.

A specific schedule can be saved.

• Limits

The exemption from income tax for certain elements of remuneration received in connection with professional activities is limited.

Eligible employees and managers can choose each year between the most favorable restriction option depending on their personal situation:

• Either the exemption from additional remuneration associated with impatriation (impatriation bonus) and the share of remuneration corresponding to the calculated activity carried out abroad cannot exceed 50% of the total net remuneration received;
• or, optionally, only the portion of remuneration related to activities abroad is exempt, up to 20% of the total net remuneration, excluding the impatriation bonus.

Other exceptions

Persons benefiting from the impatriation regime may also qualify for income tax exemption, in particular:

• About allowances paid during the move (familiarization tours, agency fees, moving and travel expenses, etc.);
• up to half the amount of income from movable capital, income from the sale of securities and corporate rights, etc. Payment of the amounts in question must be made by a person located outside France in a state that has concluded a tax treaty with France containing a provision on administrative assistance;
• for contributions to the social security system in the state of origin: contributions paid to statutory social security systems and to supplementary pension and savings schemes are deductible from taxable remuneration.

The wealth tax liability (IFI) is also limited if the immigrant has owned property in France for 5 years.

Elements of remuneration associated with the impatriation regime are now also exempt from payroll tax. This additional tax relief for employers only applies to remuneration paid from 1 January 2017 onwards.

Changing functions

The tax regime continues when an employee or manager changes functions in the same company or in the same group company, regardless of whether they will perform similar functions.

The plan period cannot be extended by changing features and remains limited to a maximum of 8 years.