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Help needed with Cross European Tax Matters
My husband's work took him to France recently, where he is now working on a French employment contract. We, wife (no job) & 3 children stayed in Belgium. We all have Dutch nationality. This will have consequences for insurance & taxmatters. For insurance, there is pretty clear European legislation; but is there anyone who can help me on the taxmatters. I have no clue where to start, and neither does my husband's company (unfortunately)
Hard one. I was told that short of an official separation, the Belgian tax authorities see partners working overseas and living there the majority of the time as being still resident in Belgium if the other half of the partnership lives in Belgium. Come back if you find it's not the case and where you found clarification as it would sure help me!
Please contact them, they will guide you in the right direction for free
http://www.blbe.be/en > even this office is more dedicated to expats coming to Brussels, but I found them very helpful.
Also helpful for starting your research for assistance
http://europa.eu/eu-life/index_en.htm - and call them for free.
Furthermore there are bi-lateral contracts between France and Belgium, so get also an appointment at your tax office; they will help you.
May be your Belgian bank can provide assistance via their expat center?
is his job close to the Belgian border, then possibly the rules on 'transfrontalier' apply? Ask your tax authorities / commune contact for more info.
Good luck.
The first question has to be - has your husband remained registered in Belgium or has he returned his Ecard to the commune. I suspect that things will be simpler if he remains registered as it would mean that the whole family remains domiciled in Belgium even though your husband earns his income in France.
Either way, the next step is to make an appointment to see the tax inspector for your commune so that he can explain how the relevant Double Taxation treaty covers the situation. Remember that there will be plenty of Belgian residents who work across the frontier in France and that the only slightly unusual features in your husband's case are that, in order to fulfil that employment, he actually has to live there part of the time and that he is a Dutch, not Belgian, national. At worst, the DTA will almost certainly make provision for the tax authorities of France and Belgium to negotiate with each other to ensure that your husband isn't taxed twice, but in all probability its normal provisions will cover the situation.
Not sure if this is right or wrong;
I am a Belgian, working/resident in Switzerland, paying taxes there while my family is domiciled in Belgium.
I was resident in Belgium too, just had to file a simple tax declaration ( as we have NO income in Belgium) in Belgium with an attestation from Swiss authorities that I am being taxed there. Did this for two years and never heard back from tax man.
If this works between an EU country and a non-EU/EEA country like switzerland due to bilateral tax treaties between them, don't see an issue between two EU countries.
You may need to explore cross-border worker aspects of it.