Filing declarations relating to trusts
Which declarations?
Under the provisions of Article 1649 AB of the General Tax Code (CGI), whose implementing measures are set out in article 369 of annex II of the CGI, article 369 A of annex II of the CGI and article 369 B of annexe II of the CGI, two returns must be filed:
- A "event-related" declaration related to the constitution, modification or dissolution of a trust, or amendments to its terms
- An annual declaration of the market value on 1 January of the year of declaration of assets and rights placed in the trust and their capitalised income
Who must declare?
These declarative requirements are incumbent upon the trustee whenever one of the four conditions is met:
- The settlor or the beneficiary deemed to be the settlor has, as at 1 January of the year of declaration, his or her tax residence in France within the meaning of Article 4 B of the General Tax Code
- At least one of the beneficiaries has his or her tax residence in France within the meaning of Article 4 B of the General Tax Code as at 1 January of the year of declaration
- At least one of the assets or rights placed in the trust is located in France within the meaning of Article 750 ter of the General Tax Code. This situation must be assessed as at 1 January of the year of the annual declaration
- The trustee has his or her tax residence in France as at 1 January of the year of declaration
Where should declarations be filed?
They must be filed with the Foreign Business Tax Department, whose contact details are as follows:
Recette des Non-Résidents
10, rue du Centre
TSA 50014
93465 Noisy-le-Grand Cedex
Reminder : The annual declaration must exceptionnaly be filed by 1st July in 2019.