Tax obligations

The 10 Mistakes to Avoid Without a Tax Representative in France

Tax traps, costly omissions, misunderstandings: the mistakes most commonly made by non-residents and foreign companies operating in France.

VAT-related mistakes

French VAT is the area where non-residents make the most mistakes, often through unfamiliarity with reporting obligations or the mistaken belief that they are exempt.

Mistake 1 — Failing to register when the obligation exists. Any non-EU company carrying out taxable transactions in France (selling goods, providing services, storing goods) must register for French VAT and appoint a tax representative. Exceeding a threshold or simply completing a first taxable transaction is enough to trigger this obligation.

Mistake 2 — Confusing the OSS with the VAT tax representative. The One-Stop Shop (OSS) simplifies declarations for B2C intra-EU sales, but does not replace the tax representative for transactions outside the OSS scope: intra-EU acquisitions, storage in France, local transactions.

Mistake 3 — Failing to declare intra-EU acquisitions. A non-EU company that purchases goods from European suppliers with delivery in France must declare these acquisitions. Systematic omissions are often detected through VIES data cross-referencing.

Mistake 4 — Not reclaiming VAT on French purchases. Paradoxically, many foreign companies forget to apply for reimbursement of VAT paid on their purchases in France. This credit, sometimes significant, becomes time-barred and is permanently lost if the claim is not filed in time.

Mistakes in property matters

For non-residents who own property in France, other specific mistakes are common.

Mistake 5 — Selling a property without appointing an accredited tax representative. When the net capital gain exceeds €150,000, appointing a DGFiP-accredited tax representative is mandatory for the notary to proceed with the sale. Without a representative, the transaction is simply blocked.

Mistake 6 — Miscalculating the capital gain. Non-residents benefit from length-of-ownership allowances and certain conditional exemptions. Failing to apply them leads to overpaying tax; conversely, failing to justify them correctly exposes you to a reassessment.

Mistake 7 — Overlooking social levies. In addition to capital gains tax (19%), social levies of between 7.5% and 17.2% apply depending on the situation. Residents of non-EEA countries not covered by an administrative assistance agreement are subject to the full rate of 17.2%.

Reminder Non-residents from EEA countries who have contributed to a social security scheme in their home country may be exempt from social levies or benefit from a reduced rate. This must be evidenced at the time of sale.

Procedural and organisational mistakes

Beyond technical errors, organisational failures can also have serious consequences.

Mistake 8 — Not responding to DGFiP correspondence within the deadlines. Notifications are sent to the tax representative or to the last known address. Without regular monitoring, response deadlines (30 to 60 days) can expire without any reaction. The administration then proceeds with automatic adjustments carrying 40% surcharges.

Mistake 9 — Changing tax representative without notifying the DGFiP. The appointment of a new tax representative must be formally notified to the tax office. During the transition period, correspondence continues to be addressed to the former representative, with the risk that an audit notice is never received.

Mistake 10 — Assuming that inactivity removes reporting obligations. Even in the absence of transactions for a period, reporting obligations may remain (nil returns, maintenance of VAT registration). Failing to file these returns generates late-filing penalties.

Practical example A Canadian seller using Amazon FBA in France since 2023 has never appointed a tax representative. In 2026, the DGFiP conducts a desk-based audit. With no response (correspondence never received), it reconstructs turnover over 3 years, reassesses the undeclared VAT, and applies a 40% penalty for deliberate non-compliance. The total debt exceeds the original annual turnover by 60%.

Practical consequences and solutions

These ten mistakes share one common trait: they are all avoidable with proper support. The consequences, however, can be severe.

  • VAT reassessments covering several years within the limitation period (3 years as a rule, 6 years in cases of fraud)
  • Surcharges of 10% to 80% depending on the nature of the breach
  • Late interest of 0.20% per month
  • Blocked property transactions
  • Forced recovery procedures through international assistance agreements
Prevention is better than regularisation The cost of a tax representative (often less than a few hundred euros per year for a simple VAT registration) is incomparable with the financial consequences of a late regularisation imposed by the DGFiP.

To avoid these mistakes, consult our list of DGFiP-accredited tax representatives. These professionals know precisely the obligations that apply to your situation and actively monitor your files.

Frequently asked questions

Yes, a voluntary regularisation is always possible and recommended before any tax audit. It generally results in a significant reduction of penalties. The process involves filing amended returns and paying the tax owed plus late interest, with the support of a tax representative.
Failing to register for French VAT when the thresholds have been exceeded is often the most costly: the VAT reassessment covers all unreported sales, plus a 40% penalty for deliberate non-compliance and late interest (0.20% per month). Over several years, the total can exceed 100% of the original turnover.
Yes. One of the key roles of an accredited tax representative is precisely to handle outstanding regularisations: filing missing returns, negotiating with the DGFiP, processing outstanding notices. Their knowledge of procedures often makes it possible to obtain discretionary remissions on penalties.
For B2C intra-EU sales of goods and digital services, the OSS can indeed replace the standard VAT tax representative. However, as soon as a non-EU company stores goods in France, uses Amazon FBA, or carries out intra-EU acquisitions, the OSS is not sufficient and a tax representative remains mandatory.
Official sources: impots.gouv.frBOFiPservice-public.fr

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