By country — Australia

Tax Representative in France for Australian Residents and Businesses

Do you live in Australia and own assets or run activities in France? Find out about your French tax obligations and what the law requires from the other side of the world.

Who is affected from Australia?

Two main profiles are subject to French tax obligations from Australia. First, French expatriates who have settled in Australia, attracted by the job market, the quality of life or entrepreneurial opportunities in sectors such as engineering, tech or agriculture. Many have kept a property in France — a family home, a rented apartment.

Second, Australian businesses developing activities in France: importing Australian products (wines, foodstuffs, raw materials), digital services, e-commerce to French customers.

Australia is a third country (outside the EU). Australian residents do not benefit from the exemptions granted to European Union residents. The accredited fiscal representative obligation applies in full for VAT and for real estate capital gains exceeding €150,000.

Real estate obligations in France

A property located in France creates French tax obligations regardless of the owner's country of residence. From Australia, the distance does not change these obligations — it simply makes them more difficult to manage without an intermediary.

The main obligations:

  • Rental income: taxable in France. Minimum rate of 20% for non-residents on net income. Annual return mandatory (form 2044 or 2042)
  • Property tax (taxe foncière): due each year by the owner, regardless of their place of residence
  • Real estate wealth tax (IFI): if the net value of the French real estate portfolio exceeds €1,300,000
  • Capital gain on disposal: 26.5% after taper relief for length of ownership. Social levy rate of 17.2% (not 7.5%, as non-EU/EEA residents do not benefit from the de Ruyter case law)

Capital gains and the accredited fiscal representative

When selling property in France with a net capital gain above €150,000, an Australian resident must appoint a fiscal representative accredited by the French Tax Authority (DGFiP) before the deed of sale is signed. This obligation is set out in Article 244 bis A of the French General Tax Code.

The applicable rate for an Australian resident is 36.2%: 19% income tax plus 17.2% social contributions (CSG, CRDS, solidarity levy). This higher rate than for EU residents is explained by the absence of the exemption linked to affiliation to an EU Member State social security scheme.

Practical example A French engineer who has been living in Sydney since 2016 sells their house in Bordeaux, acquired in 2012 for €350,000, for €680,000. Gross capital gain: €330,000. After taper relief for 14 years of ownership (52% on income tax, 30.40% on social levies), the taxable gain is €158,400 for income tax and €229,680 for social levies. The net gain exceeds €150,000. An accredited fiscal representative is mandatory. Estimated total tax: approximately €70,000 (19% income tax + 17.2% social levies).

Australian businesses and French VAT

An Australian company (Pty Ltd, Trust, Partnership) that carries out taxable transactions in France is subject to French VAT. As Australia is not part of the EU, the accredited fiscal representative requirement applies in all cases of VAT registration.

The most common situations:

  • Export of Australian products sold directly to French consumers (e-commerce)
  • Digital services to French clients (SaaS, subscriptions, consulting)
  • Storage of goods in France before resale
  • Participation in trade fairs or exhibitions in France with on-site sales

The accredited fiscal representative is jointly and severally liable for the VAT owed by the Australian company. They file CA3 returns and liaise with the Service des Impôts des Entreprises Étrangères (SIEE).

Watch out for registration delays VAT registration for an Australian company typically takes 6 to 10 weeks in France. If you plan to start taxable transactions, plan ahead. Any sales made before registration exposes you to VAT reassessments and penalties.

To find a fiscal representative experienced in Franco-Australian cases, consult the list of DGFiP-accredited fiscal representatives.

The Franco-Australian tax treaty

The convention between France and Australia to avoid double taxation was signed on 13 April 2006. It entered into force in 2009 and covers income taxes and capital gains taxes.

Key points of this treaty:

  • Real estate income and capital gains on property located in France are taxable in France
  • Australia grants a tax credit (Foreign Income Tax Offset) for tax paid in France, avoiding double taxation
  • Business profits are only taxable in France if a permanent establishment exists there
  • An exchange of information mechanism between tax authorities is provided for (Article 26 of the treaty)

Frequently asked questions

Yes, if the capital gain exceeds €150,000. Australia is outside the EU. The seller must appoint a fiscal representative accredited by the French Tax Authority (DGFiP) before signing the notarial deed. The representative files form 2048-IMM and remits the tax. Below the threshold, the notary withholds the tax directly.
Yes. The Franco-Australian convention of 13 April 2006 avoids double taxation on income and capital gains. Real estate income and capital gains on property located in France are taxable in France. Australia grants a tax credit (Foreign Income Tax Offset) to avoid taxing the same income twice.
Yes. Australia is not in the EU. Any Australian company carrying out taxable transactions in France (sale of goods, digital services, e-commerce) must register for French VAT and appoint a fiscal representative accredited by the French Tax Authority (DGFiP).
A partial exemption is possible. For EU/EEA residents, the primary residence exemption under Article 150 U II of the French General Tax Code (CGI) may apply. For non-EU residents such as Australians, the conditions are more restrictive. A specific exemption exists for EEA nationals or residents of certain treaty countries, subject to conditions of date and length of ownership.
Official sources impots.gouv.frBOFiPservice-public.fr

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