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Re: Can I start an AE whilst working?

 Albert the InfoGipsy wrote:

 Will wrote:
The only thing that isn't clear is whether the OP's main job is in France or not. I think a French AE business alongside English employment, for example, would be a non-starter, for various reasons.

Could you expand on that, Will? Assuming that everything is duly declared, that the AE work is actually done in France and that the OP has a French address I can't see any show-stoppers in the rules.



My understanding is that the AE scheme applies only to French residents. Of course, there are various ways of defining 'residence' - I was thinking more in terms of social security than tax. It's the sort of question you need to ask a properly qualified person rather than relying on forum advice (or, even, HMRC or the French tax office).

Will

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Re: Can I start an AE whilst working?

I don't see that operating an AE (or a traditional Micro or other entreprise individuel) would be a problem alongside UK employment, per se. You declare the approriate amounts in the two countries and pay social security (NI / cotisations) on each. As I understand it you'd be defined as a French residence by having a French address and making a tax return. Of course, as you know only too well, that doesn't stop you being a UK resident (with its variations) too.

I don't claim to be 'properly qualified', but if you excl;ude HMRC and the French tax office as well then it starts getting difficult to identify anyone who could advise.


Albert the InfoGipsy

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Re: Can I start an AE whilst working?

Thanks for the advice guys.
I have been living and working in France for the past 4 years. I would like to have my own business in France.
I'm not yet sure what business I want to go with yet. I agree the EXPAT market is a small market and not worth pursuing.
I have good experience and come from a background of mechanical engineering.
I travel a lot with my job so that is my motivation for becoming an entrepreneur.
I am also in my 30's and a long way off retiring so I'm looking for a medium size business.

Thanks again for your imput.


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Re: Can I start an AE whilst working?

In that case, the question of residence is clear-cut. And you are exactly the sort of person that the AE scheme is aimed at. You have little or nothing to lose by registering your new business.


Will

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Re: Can I start an AE whilst working?

I'm with Will on this one. If you start as an AE you can always change regime later if you manage to grow the business.

I know AEs in professional services, car mechanics and stainless steel fabrication. The only area that might be problem is anything to do with agriculture, due to MSA being awkward.


Albert the InfoGipsy

"So welcome to the Citadel where the question is 'Am I?'"
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Re: Can I start an AE whilst working?

<BLOCKQUOTE><table width="85%"><tr><td class="txt4"><img src="/cs/Themes/default/images/icon-quote.gif">&nbsp;<strong>Will wrote:</strong></td></tr><tr><td class="quoteTable"><table width="100%"><tr><td width="100%" valign="top" class="txt4">The only thing that isn't clear is whether the OP's main job is in France or not. I think a French AE business alongside English employment, for example, would be a non-starter, for various reasons.</td></tr></table></td></tr></table></BLOCKQUOTE>

http://www.federation-auto-entrepreneur.fr/auto-entrepreneur/apce/faq-un-ressortissant-tranger-peut-il-tre-auto-entrepreneur.html
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Re: Can I start an AE whilst working?

Thank you for the link, which I have made clickable here.

It is clear from the above that a foreign national can start an AE business in France, which I don't think was ever disputed. I'm still a bit uneasy, despite what Albert says, about non-resident status, which thankfully doesn't apply to the OP.

It is true that as soon as you start a business of any sort in France then you become fiscally resident (though you can still be fiscally resident elsewhere, and where you actually pay tax is governed by whatever double taxation agreement is in place). It's more the social security aspect that concerned me because I can see that opening the proverbial can of worms, and it could prove very costly to pay charges in more than one country for no benefit. One would most likely get away with it but I can see a possibility of confusion when it comes to things like E forms or retirement benefits. Which is why I suggested taking proper advice, and certainly not relying on either forum speculation or the tax/SS officials in either country, because they only know about their own systems (and don't always give correct advice on those) and do not have the bigger picture.


Will

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