French Taxation Matters

1. As the year draws to a close, it marks the end of the statutory limitation for penalties for French trust reports due in 2021. As a result, many trustees have received requests for trust reports or extra information from the French Tax Authorities (“FTA”) for some of their French-connected trusts. We look at the contents of these demands, and the potential difficulties or risk factors they entail.  

2. French tax measures of the 2026 French Budget are currently being debated. This has resulted in an amendment to French wealth tax which may impact on trusts with French tax resident parties or French assets taxable under the new proposed wealth tax rules.  

3. On 6 November 2025 there were three rulings in respect of Article 123 bis look-through taxation relating to an offshore trust with French resident beneficiaries. These offer an insight on the evidence to uphold the discretionary and irrevocable nature of a trust. Nevertheless, it related to tax years prior to the changes made to Article 123 bis.  

LETTERS FROM THE RECETTE DES IMPOT DES NON-RESIDENTS – TRUST REPORTING DEPARTMENT 

 

As the end of 2025 approaches, marking the end of the statutory limitation for 2021, there has been a flurry of letters emanating from the trust register section of the French Tax Authorities’ (“FTA”) non-resident tax office.  

 

Indeed, many trustees have been in touch having received such letters. Although these vary case by case, we summarise below some of the recurring patterns: 

 

  1. Requests to refile trust reports previously submitted but which have not been signed & dated. So far, the FTA seem to accept a resubmission by email rather than reposted. 
  1. Requests to refile trust reports previously submitted by trustees (usually by courier, backed up by email) implying that the initial submission was never received. The FTA seem to accept a resubmission, but it is advisable to confirm, if applicable, that the reports were previously filed (preferably within the deadlines) and include any posting or delivery evidence. 
  1. Requests to disclose all the trust assets and values where not previously included. Note that this may be erroneously requested in cases where there are no French tax resident parties and therefore only French situs assets need disclosing. 
  1. Requests to file a trust “termination” or “extinction” event report, even when a trust still exists. Indeed, the FTA seems to insist on this so they may update their records where a trust has fallen outside the French reporting scope following for instance, the disposal of all its French assets, relocation of its parties outside France or permanent exclusion of its French resident parties.  This is a delicate situation for trustees. Indeed, filing a termination report when the trust still exists, constitutes an incorrect report which could trigger the €20,000 penalty. Refusing to file may still trigger a penalty for omission. We have agreed with the FTA that in these situations, the last event report stating the reason for the trust falling outside the French reporting scope could be refiled with both “modification” and “extinction” boxes ticked on the first page.  Adding a clear mention to specify that the trust still exists is also recommended. 

 

In cases where a trust has acquired French financial assets leading to a temporary exposure to the French reporting obligation, reporting guidelines specify that it is not necessary to file an event report for the disposal of these assets. Indeed, one cannot imagine a situation where, within the discretionary management of a portfolio, the trustee would have to systematically report the purchase and disposal of French stocks, shares or bonds. Nevertheless, the risk of €20,000 penalty means that, in practice, this will become necessary if the FTA insist on a termination report just to close the case at their end.  

 

  1. Unfortunately, some trustees have received such letters in respect of trust which have since terminated. 

 

We cannot stress the importance of replying to the FTA within the 30-day timeframe, from date of receipt. Falling to do so could expose the trust to the €20,000 penalty, for which all the parties (settlor, trustee and beneficiaries) are jointly and severally liable.  

 

It is not possible to confirm whether the FTA letters are part of tidy up exercise for the FTA records or an attempt at finding extra funds through the application of the €20,000 penalty for any incomplete or missing reports still within the four-year statutory limitation period.  

 

THE SCOPE OF SUI GENERIS ANNUAL TRUST CHARGE MAY BE EXPANDED THROUGH A CHANGE TO FRENCH WEALTH TAX  

 

Broadening the French wealth tax scope has been on the cards for some time and has now been voted in as part of the 2026 French tax budget.  

 

From 2018, wealth tax was limited to real estate, whether held directly or indirectly (therefore including any assets held via a trust). The wealth tax limit has remained at €1.3m since 2012 by reference to the taxable assets’ market value as of 1st January. 

 

Following the proposed change, French wealth tax will no longer be known as a tax on immovable assets (Impôt sur la Fortune immobilière). It will be a tax on “unproductive” assets (“Impôt sur la Fortune Improductive”), likely to apply from 1st January 2026 and targeting the following type of assets:  

 

1. All real estate assets except for:  

a) one main or sole/unique residence; the latter designates a property owned by the taxpayers, even if not necessarily occupied by them. The exemption would be limited to €1M.  

b) Some rental properties under strict conditions: The rental property must be subject to rent level regulations, constitute the tenant’s main home, be leased for at least a year to non-family members, and meet the A to D energy performance standards.  

 

2. Sums, annuities, life assurance policies invested in Euros, cash and similar financial investments.  

 

The tax calculated on the market value of the above asset would be set as a single 1% rate applied to the value exceeding €2,000,000.  

 

This new wealth tax scope is relevant to trusts with French resident settlors or “deemed settlors”. As a reminder, the term “deemed settlors” refers to trust beneficiaries where the original settlors have passed. The French tax system treats these beneficiaries as the new settlors and owners of the trust assets for wealth tax purposes (and for gift and inheritance tax). 

 

French residents are liable to wealth tax in respect of their worldwide assets. There is a temporary five-year exemption for newcomers when it comes to the properties they own outside France. Non-residents of France are currently only liable in respect of any French real estate.  

 

The wealth tax of any trust party may be linked to a potential annual trust charge labelled “sui generis”, applicable if that person fails to include, where relevant, their “share” of the trust assets to their wealth tax return.  

 

The responsibility falls on the trustee to find out if the sui generis is due and if so, to pay the charge when submitting the annual trust report by 15th June. The rate of the sui generis charge was stated as the highest rate for wealth tax, being 1.5% so far.  

 

We will need to wait to see if the French budget is voted in and how the above fully impact on trust situations. Trusts holding assets situated in France as described above, or worldwide assets for trusts with French resident parties, may need to review the situation to determine the potential impact this new measure could have.  

RULING IN RESPECT OF TRUSTS AND FTC ARTICLE 123 BIS & ARTICLE 120 (9) TAXATION 

 

As a brief reminder, French Tax Code (“FTC”) Article 123 bis allows the FTA to tax the profits of low tax jurisdiction entities which mainly hold financial assets, in the hands of any French taxpayers who hold at least 10% therein. Please refer to our November 2021 bulletin for further details on this anti-tax avoidance measure.  

 

FTC Article 120 (9) on the other hand taxes “products” of a trust when distributed.  

 

Paragraph 4 of FTC Article 123 bis prevents double taxation of profits already taxed as deemed distributed and later distributed, except if the latter exceed the total deemed distributed profits taxed to date. The excess remains taxable.  

 

The Paris Administrative Court of Appeal reviewed the circumstances of a Guernsey trust whose original settlor passed away in 2012. The funds he had settled into the trust in 2011, originated from an older trust he had previously set up and subsequently terminated.  

 

The trust’s beneficiaries (who are deemed settlors), had paid income tax under FTC Article 123 bis on their reported share of deemed distributed profits for tax years 2018 and 2019 (and earlier years). To allow them to pay the ensuing liabilities, they received trust distributions in 2019 which were duly reported and taxed as investment income as per FTC Article 120 (9).  

 

In a first ruling on 15 December 2023, the Paris Administrative Court refunded the liabilities on the 2018 and 2019 deemed distributed profit as per Article 123 bis. Indeed, the Court accepted the trust’s irrevocable and discretionary nature which allows it to claim the safeguard against Article 123 bis taxation.  

 

Nevertheless, it rejected the cancellation of the income tax liability applied to the 2019 distributed trust income. The taxpayers lodged an appeal with the Paris Administrative Court of Appeal to obtain the refund of the tax suffered on the 2019 distribution, claiming that this had resulted in double taxation. Indeed, the total undistributed profit shares taxed in respect of tax years prior to 2019, was greater than the taxed distributed income in respect of 2019.  

 

This was rejected on the grounds that, given the discretionary and irrevocable nature of the trust, Article 123 bis taxation should not have been applied in the first place. During the Appeal, the FTA attempted to reinstate the Article 123 bis liabilities for 2018 and 2019, claiming that the trust was not genuinely irrevocable or discretionary. Nevertheless, the Court of Appeal upheld the Paris Administrative Court’s initial ruling which had concluded that the trust was indeed irrevocable and discretionary.  

 

The Court rejected the FTA ‘s argument that the termination of the previous trust by the settlor indicated that the trust was revocable. Given the settlor’s demise, he could not terminate the trust. The Court also concluded that the beneficiaries could not request the trust’s termination, thus confirming its irrevocability.  

 

When it comes to the trust’s discretionary nature, the Court accepted that the trustee’s obligation towards the settlor’s widow to award her a regular pension or their decision to grant a loan to another beneficiary did not compromise their discretionary powers. It also accepted the trustee’s exclusive powers to make distributions without the beneficiaries being able to demand these.  

 

The Court set aside the existence of the settlor’s guidance notes and a protector which appeared to have very limited powers, as arguments to compromise the trustee’s discretionary powers. Finally, it conceded that the trustee’s apportionments of undistributed trust profits could not be used as evidence to confirm the claimants had any control over the trust’s assets.  

 

The above rulings offer some positive insight when it comes to evidencing the genuine discretionary and irrevocable nature of a trust and claiming the safeguard against article 123 bis.  

 

Nevertheless, these legal proceedings relate to tax years prior to the tightening of Article 123 bis in the presence of discretionary settlements.  Indeed, since 2022, there is a systematic presumption that any relevant discretionary trusts’ parties hold the requisite 10% right which trigger the look-through taxation.