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Since July, I'm working remotely from Spain for a French company under a French contract. I'm Spanish, I've never lived in France. All of the salary related taxes are payed to the French government.

I know I'll have to do some kind of income tax in Spain, but I'm not sure if my situation is legal or what kind of taxes I'll have to pay.

Update

These are the links to the Double Taxation Treaty between Spain and France

French

Spanish

From what I understand, Article 15 is what affects me. Truth is, Legal text is beyond my capacity, I don't understand its meaning even in my own language, but I tend to interpret that I shouldn't pay taxes in France. I'll definitely look for legal advice.

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    This will be handled by the double taxation treaty between France and Spain. If any benefits are involved that would become a bit murky. I would go to an accountant who deals in taxation matters in both France and Spain to get an opinion.
    – DumbCoder
    Commented Sep 15, 2017 at 9:11
  • Thanks for pointing me to the Double Taxation Treaty, I've updated my question
    – Maragues
    Commented Sep 15, 2017 at 10:28
  • That doesn't help. You need to get advice from a person dealing in these legal matters specifically. The documents I am assuming are in French and Spanish. Not sure if there are users here who understand legal language written in both Spanish and French
    – DumbCoder
    Commented Sep 15, 2017 at 10:31
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    I haven't found them in english, unfortunately. I've already appointed a meeting with a professional counselor, I'll answer my own question after I talk to him
    – Maragues
    Commented Sep 15, 2017 at 10:38
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    To answer the simplest question: Yes, you are allowed to live and work anywhere in the EU, and those two do not need to be in the same country. Of course, the downside (as you discovered) is that two sets of law apply, but both have to respect your EU rights.
    – MSalters
    Commented Sep 20, 2017 at 12:13

1 Answer 1

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After a meeting with a financial advisor, these are the important points

  • I have to file my Income Tax Return only in Spain, my country of residence
  • My French employer shouldn't deduce taxes from my net salary. I'm not sure if any tax or only those related to social security, national taxes, etc.

I hope this helps someone else

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  • Note that until now there is no withholding of taxes in France (there are mandatory contribution to the health and other insurance systems but that's something else). It should be introduced in 2019. That should in itself change the applicable rules but you might need to monitor the situation to make sure your employers applies the rules correctly.
    – Relaxed
    Commented Sep 20, 2017 at 12:40
  • Sorry, I mistyped in my earlier comment, it should have read “That should not in itself change the applicable rules”.
    – Relaxed
    Commented Sep 20, 2017 at 13:48
  • Thanks for pointing that out. In Spain they withhold the taxes from your salary, and in a yearly review they decide if they withholded too much or too little.
    – Maragues
    Commented Sep 21, 2017 at 10:57
  • Any news on this? Any problem with the revenue service?
    – 88892
    Commented Nov 15, 2019 at 15:16
  • I didn't have issues with the revenue service, but I did have issues to use the French health or social systems, so in the end I moved to being a spanish freelancer. I invoice my company and that's it.
    – Maragues
    Commented Nov 18, 2019 at 8:00

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