Aux armes, citoyens !

Les hymnes nationaux (national anthems) are patriotic numbers used to tell the history, traditions, and struggles of a country and unite its citizens. Their styles vary per country, some versions are standard fanfares, some sway more toward operatic pieces, and others have difficult lyrics that are very easy to mess up and difficult to remember!

I have always enjoyed my country’s anthem, even though I have to admit to not knowing all the verses... that being said, I have always been a fan of France’s national anthem, La Marseillaise.

This past week, just as in January with the Charlie Hebdo attacks, La Marseillaise has been performed worldwide. After the attacks on November 13th, The Metropolitan Opera, the Philadelphia Orchestra, and the Lyric Opera of Chicago all performed moving renditions. English fans at Wembley were encouraged to sing along as lyrics were displayed during the soccer match against France on Tuesday. Muslim leaders sang the piece in Paris. All of French congress joined in to sing their anthem. Perhaps the most moving recent example of the solidarity is a 36-second clip of soccer fans singing while being evacuated from the stadium after les attentats (the attacks). La solidarité est partout (Solidarity is everywhere).

I must admit that every single time I hear this anthem, I get chills. There’s something about this piece — especially when sung in a group — that makes me feel like I’m part of something strong. I suppose it does help that it was first written as un chant de guerre (a war song). That also explains why this piece is so controversial, even at the time it was written in 1792. 

The French Revolution

As la Révolution française progressed, European leaders feared that revolutions may pop up in their own countries. La Première Coalition was an alliance that lasted from 1792 to 1797 and was founded by European monarchies against the short-lived Royaume de France (the Kingdom of France) and eventually la Première République (the French First Republic), which lasted until 1804. The coalition forces eventually entered France, and on le 25 avril, 1792, (April 25, 1792), the mayor of Strasbourg requested that Claude Joseph Rouget de Lisle compose a song to rally soldiers from all over France to fight to defend their homeland. That evening, he wrote the piece intitulé (titled) “Chant de guerre pour l’Armée du Rhin” (War Song for the Army of the Rhine).

So how did it get its name of “La Marseillaise” ? By the end of May, les fédérés (volunteer troops for the French National Guard during the revolution) from Marseille had heard the song and adopted it as their own war march. When they arrived in Paris in July singing the song, it acquired its new nickname which has stuck to the present day.

Do you know the words to the anthem? They’ve been the cause of une polémique (a controversy) for years now. They lyrics make a call to Frenchmen by first asking if they hear the roars of the ferocious soldiers in the distance. These soldiers would be coming to cut the throats of your sons and wives. It then goes on to ask the men to go to arms, form battalions, and let un sang impur (an impure blood) water their fields. Not a very happy message...

La Marseillaise

“La Marseillaise” was adopted as the French national anthem le 14 juillet, 1795 (July 14, 1795) by la Convention nationale (The National Convention). In its history, the anthem has both been banned and had its status removed under Napoleon I when he saw its power and feared a revolution against his regime. Other sources say that Rouget de Lisle may have had an affair with Napoleon’s wife. That could be something you would take personally, and Napoleon was definitely in a powerful enough position to do something about it. During his reign, “Veillons au Salut de l’Empire” (Let’s Ensure the Salvation of the Empire) was the anthem of the regime. “La Marseillaise” would eventually be re-instated for a while after the July Revolution in 1830.

Under Napoleon III, the anthem was “Partant pour la Syrie” (Departing for Syria), a very chilling title after recent events. “La Marseillaise” was formally recognized as the French National Anthem in 1879, and it hasn’t been changed since!

During La Deuxième Guerre Mondiale (WWII), French people found new meaning in the words as it became a call to rebuild their country. Aux armes, citoyens! Since this time, though, many Frenchmen have found the words to be very uncomfortable. For example, in 2002, Corsicans booed the anthem so loudly that Jacques Chirac (president at the time) left the match, which couldn’t be started till the booing had ceased.

Listen to historian Simon Schama explained for BBC news why he feels that La Marseillaise is the greatest national anthem.

So how do French people feel now? I decided to ask some of my French friends what La Marseillaise means to them. The answers varied, but for the most part were consistent: they like the instrumentation, but don’t care for the lyrics. One friend told me she didn’t know all the lyrics. Another told me he only hears it at sporting events. Some of their replies focused on the current issues the country is facing. Below are their unaltered opinions.

To me it’s a very powerful anthem, because it shows what we were capable of for sovereignty by the people, it’s the music for the Lumières, those intellectuals that changed the face of France, and of Europe. They were against blind faith for some, complete atheist for other, they were against the monarchy, they were for equality between the people (no more classes, no more differences, just human beings born to live on that earth and make the best out of it). It’s also a fierce anthem, a war song, something to give us courage, it’s bloody, but that’s war, there’s always blood. And also it gives me hope. When I hear my anthem, it always gives me chills, no matter who’s singing it, it’s powerful to me: it moves me no matter what, as if it’s meaning, the person who fought for it, passed the ages to come to us and sing for us, to encourage us to fight for our ideals. That’s the fight: to fight for our ideals.

C’est une chanson qui me donne vraiment l’impression d’appartenir à un pays fort. Elle montre aussi que la France a une histoire riche. Quand je l’entends, elle me motive à accomplir des choses. 

This song really gives me the impression that I belong to a strong country. It shows that France as a rich history. When I hear it, it motivates me to accomplish things.

En Francais... C’est une vieille chanson écrite (si ma mémoire est bonne) par un soldat. Du coup, les paroles, ou du moins celles du couplet qui est chanté, sont assez guerrières (peu de gens connaissent les autres couplets et moi non plus). Personnellement, ça m’a toujours un peu dérangé de chanter “Qu’un sang impur abreuve nos sillons” . En plus depuis les attentats, on l’entend à tour de bras, c’est très étrange. Le sang impur est métaphorique mais je trouve pas ça de très bon goût au XXIème siècle dans le pays des Droits de l’Homme. Le reste du couplet est plutôt bien je trouve, il est fédérateur et parle de valeurs justes comme la liberté, la lutte contre la tyrannie.Mais ça reste un chant guerrier. Honnêtement, je serais pas contre une réécriture ou carrément un changement d’hymne pour aller vers quelque chose qui montre mieux nos valeurs. Mais en même temps, un hymne c’est fait pour faire bomber le torse au pays auprès des autres donc je sais pas trop. 

It’s an old song was written by a soldier. So the lyrics, or at least in the sung verses, are war related (few people know the other verses, me included). Personally, it’s always bothered me to sing “an impure blood waters our fields.” Since the attacks, we hear it sung with all one’s might. It’s very strange. Impure blood is metaphoric, but I don’t feel it’s in good taste in the 21st century in the country of Human Rights. The rest of the verses aren’t so bad. They’re unifying and talk about values like liberty and the fight against tyranny. But it’s still a war song. Honestly, I wouldn’t be against a rewriting or even a new national anthem to better shows our values. But at the same time, anthems are made so you can puff out your chest around other countries, so I don’t know.

En Francais... Concernant l’hymne national mon ressentis est que cela représente quelque chose de très patriotique. J’entends l’hymne national les 3/4 du temps lors d’événements sportifs de mon côté. Mais pas autant que dans des pays comme les États-Unis ou le Canada où j’en ai fais l’experience à l’université. L’hymne français est de plus une hymne très “puissante” en terme de paroles, car cela vient d’un chant de guerre. Je ne pense pas que l’on puisse nier les paroles lorsque l’on chante la Marseillaise. C’est peut être pour ça aussi qu’elle n’est pas chantée par tout le monde lorsque l’on l’entend. Du moins c’est le prétexte que j’entends le plus souvent. 

Concerning the national anthem, my feelings are that it represents something very patriotic. I hear the national anthem 3/4 of the times I go to sporting events, but it’s not as often as other countries like in the UK the US or Canada, where I’ve studied at the university. The French anthem is very “powerful” in its lyrics. I don’t think we can deny those lyrics when we sing la Marseillaise. Maybe that’s why not everyone sings it when we hear it. At least, that’s the reason I hear most often.

En Francais... Le gouvernement français s’est rassemblé pour chanter La Marseillaise et montrer que la France ne cédera pas à la panique ou au terrorisme et que nous sommes soudés, mais c’est faux. Les ministres se tapent dessus continuellement et peu après ce passage “émotion” ça a continué.  Oui il faut se montrer soudé et unis face à tout ça mais le mieux c’est de continuer de vivre sa vie car au final ils veulent juste nous faire peur et nous faire sombrer dans ce chaos, leur montrer que malgré tout leur tentatives ça n’arrivera pas, voilà la plus belle façon de lutter. Mais je trouve ça toujours aussi beau de voir les monuments à travers le monde allumé par solidarité et en même temps horrifiée qu’ils le soient aussi souvent. 

The French government got together to sing La Marseillaise and show that France will not give into panic or terrorism and that we’re united, but that’s false. The ministers continually fight about it and just a little after this ‘emotional moment,’ the fighting continued. Yes, we have to show we’re united against all of this but it’s best to continue living our lives because in the end, they (the terrorists) just want to scare us and make us sink into this chaos. We need to show them that despite their attempts, it’ll never happen. That’s the best way to fight. But I do think it’s beautiful to see all the monuments around the world lit up in solidarity, but at the same time, I’m horrified that it’s happening so often.

En Francais... Je n’aime pas beaucoup les paroles guerrières de ce chant et je trouve qu’elles manque de douceur. Au niveau de la mélodie, j’aime particulièrement la fin du couplet où la musique est plus douce et mystérieuse . En tant que Française, je ne suis pas sûre d’être objective avec La Marseillaise car je suis le plus souvent émue en l’écoutant . Comme c’est notre Hymne nationale, j’y suis attachée forcement . Pour moi, c’est la mélodie qui représente notre Pays, j’essaye de ne pas pensé aux paroles brutales . Mais je trouve beau quand une assemblée tout entière la chante. J’aime l’idée que nous chantions ensemble un même air, comme si tout à coup, on était tous d’accord et en harmonie. 

I don’t much like the warlike lyrics of this song, and I find that it’s lacking softness. As for the melody, I particularly like the end of the verse where the music becomes soft and mysterious. As a Frenchwoman, I’m not sure I’m being objective with La Marseillaise because I’m often moved when listening to it. Seeing as it’s our national anthem, I’m strongly attached to it. For me, it’s the melody that represents our country – I try not to think of the harsh lyrics. But I find it beautiful when an entire group sings it. I like the idea that we’re singing the same tune together as if, suddenly, we were all in agreement and harmony.

How do you feel about La Marseillaise?

Blog submitted by: Alex at The French Property Network - Cle France.

This blog was originally posted on The French Language Blog pages.

To all our friends, followers, clients, agents and partners in France and around the world who share with us a love of France and Paris, we want to say how shocked and how sorry we are for the people of Paris, especially for the friends and families of those who lost their lives or have been injured.

Our thoughts are with them all at this very difficult time.

We have not only one but Two New Agents in the deparment of Finistere in the lovely region of Brittany who started with us in October 2015. So far they have added about 80 new houses for sale with about the same amount to be added over the coming weeks and then more and more as the weeks go by.

Most of the new properties added are on or very near the coast between Quimper and Lorient and centred around the beautiful region around the coastal town of Concarneau.

Click on the map to be taken to all of our houses for sale in the beautiful Finistere department.

Brittany

This wonderful maritime region is steeped in history and legend, from the earliest settlers of the Neolithic period, whose ancient Menhirs and Dolmens are still visible today, through the Arthurian tales of knights and chivalry, to the Renaissance Dukes of Brittany whose manor houses and Chateaux can be visited today.

Property for sale in Brittany is plentiful and one of our more popular regions for people looking to buy a house in France.

The abiding image of Brittany for many is its quaint fishing ports and rugged coast line. It is the western most point in France, stretching out into the Atlantic with old maritime fortresses and light houses dotting the coastline.

The Brittany region consists of 4 departments:

Finistere (Dept. 29), Cotes-d'Armor (Dept. 22), Morbihan (Dept. 56) and Ille-et-Vilaine (Dept. 35).

CONTACT US: to discuss your search for property in Brittany or any area of France, or indeed for any further information you may require on buying French property, moving to France, living in France etc. just give us a call or send us an email, we will be happy to help!

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It is official! You can claim a refund of the French social charges.

The French Tax Administration has confirmed in a press release of 20 October 2015 the modalities for a refund of the French social charges.

The “Conseil d’Etat” (CE), in a decision dated July 27, 2015, drew the consequences of the European Court of Justice (ECJ) judgement of 26 February 2015 (Case C-623/13, Mr de Ruyter). It confirmed the taxation of social charges on French income-generating assets of persons affiliated with a social security system of another Member State of the European Union (EU) or European Economic Area (EEA) or Switzerland is against European Law.

Following the CE decision, the government has now confirmed that the payment of social charges can be claimed back in accordance with the following conditions:

You must be registered under a social security scheme of another state other than France located within the EU, EEA or Switzerland.

If you are not residing in France, you can claim the social charges that you have paid on your French Property rental income or the social charges that you have paid on the gains when you sold your French property.

If you are residing in France, you can claim the social charges you paid on your assets income as well as well as your investment products.

Exclusion

The total rate of social charges is 15.5%. 

The French Tax administration confirmed that the 2% solidarity levy (“prélèvement de solidarité”) paid before the 1st January 2015 is not affected by the Ruyter case as this tax does not finance the French social security system.

Deadline 

Under French law, any tax claim must be issued by 31st December of the second year following the year in which the tax was paid.

It must be reminded that there is a time deadline for non-residents who have paid social charges in 2013 on their 2012 incomes. They have until 31st December 2015 to submit a claim for a refund. Similarly, non-residents who sold a French property in 2013 and have been subjected to social charges are able to claim the corresponding tax until 31st December 2015. 

For those who have paid undue social charges in 2014 or have just received their tax assessment, we recommend them to issue a claim as soon as possible. 

How to claim the social charges?

The tax claims can be issued to the French tax office for non-residents or to the tax office where you are registered. They must be legally motivated and include all supporting documents establishing the right to claim for a refund of the French social charges.

We recommend that you seek legal advice to ensure that your claim has been correctly drafted and accompanied by the necessary supportive documents.

This article was written by Loic Raboteau, French Legal Advisor and director of French Legal Consulting.

Francophile legal Consulting can assist you with international property matters. For more information on this topic, please do not hesitate to contact Loic Raboteau, managing director by completing the form below. 

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A little more about FRANCOphile Legal Consulting Ltd.

The company was created in response to the need of legal experts for international private clients and businesses. People are no longer confined within their own country boundaries to work, create a business or purchase assets. National, international laws and new technology have enabled people and businesses to move and expand internationally, creating a demand to resolve cross-border issues.

We are a London-based legal consultancy company dedicated to addressing our clients’ international needs. Whether you are a private individual moving or investing in a foreign country, an entrepreneur, or a business willing to expand internationally, FRANCOphile Legal Consulting Ltd will cater your specific requirements and will look after your interests in the short and long term.

Benefiting from an extensive network of international lawyers, solicitors, accountants and financial advisors based in London and in several jurisdictions, FRANCOphile Legal Consulting Ltd is able to handle your interests in different countries around the world.

Our approach and solutions are tailored to our clients’ needs. We believe that our clients are unique and warrant distinctive service.

Our international coverage includes France, London, Tunisia, Morocco, Egypt and Mauritius. If you would like to know more about us then fill out the contact form above and we will be right back to you.

Legal considerations when buying a French leaseback

A “leaseback” property transaction is the purchase of a freehold furnished property in a Service Residential Property. It is a tax discounted investment. In return for the discount the property must be leased back to a management company for a minimum of nine years.

Leaseback schemes are most known to be tourism residencies (“residences de tourisme classées”), designed for those seeking a holiday home for a few weeks each year. They located in popular resort areas, e.g. golf, ski or coastal resorts, where self-catering accommodation is in high demand, and are either new or totally rebuilt properties. Leaseback schemes are available in many parts of France, including the Alps and Pyrénées, Brittany, Côte d’Azur and the Atlantic coast, Normandy and Paris.

The buyer becomes the landlord and qualifies for a refund of the VAT (20 per cent) that was included in the purchase price if the property is new built (less than five year old). In most leaseback property transactions, the developer will advance the VAT for the buyer when the purchase completes. In this case, the price the purchaser will pay will be net of VAT.

In addition, the management company covenants to pay the buyer a fixed annual return (usually from 2 to 5 per cent of the property’s value, adjusted annually for inflation according to rental indexes published by INSEE (National Institute of Statistics).

These should not be confused with timeshare. The buyer owns the freehold of the property and the full price is shown in the title deed.

The Lease Agreement

The purchaser of a lease back investment will covenant to sign a commercial lease agreement with a management company at the time of the signature of the deed of purchase (“Acte de Vente”).

A commercial lease is a contract giving a real estate property owner the right to rent out the property through a property manager over a minimum period of 9 years. The management company will rent the property to tourists for the purposes of its business so it is a commercial lease.

The main characteristics of this contract are the following:

It is contracted for a minimum term of nine years;

The management company (the lessee) has the right to renew the lease, unless the owner informs the company in advance (at least 6 months before the term via recorded post or via bailiff). The management company has the right to renew the lease or to be compensated at the end of the lease if the purchaser refuses to renew. It is important that the renewal conditions are covered and the purchaser is protected in the commercial lease.

Annual Rental Income and its revision: rental incomes must be subject to VAT (10%). Owners should check whether the rental figure stated in the contract is inclusive of exclusive of VAT. The annual rent may be revised according to rental indexes published by the INSEE. The way the rental income (index used, cap on increase) will increase shall be checked carefully.

The buyer is also given the right to occupy the property for a period each year, usually between two and six weeks, spread over high, medium and low seasons. These weeks can possibly even been exchanged with accommodation in another resort. The period of occupancy must be clearly stipulated in the contract as well.

The property will be furnished: it is important that a schedule of furnishings is included in the property description or annexed to the reservation contract. The repairs incumbent on the tenant do not include wear and tear. At the end of the lease, if furniture needs to be replaced it will be at the owner’s cost.

The Maintenance Costs: the maintenance costs can be allocated contractually between the two parties. In the absence of specific clauses, the management company is responsible to maintain the property like a tenant. The management company is usually responsible for the maintenance cost and running charges. Owners have sometimes to pay a contribution. The lease agreement must state clearly what the maintenance costs will cover and if it will be deducted from the annual rent.

Repairs: repairs incumbent upon the tenant or those of routine maintenance for which a tenant is responsible. Major repairs remain the responsibility of the owner, unless they were occasioned by the lack of repairs of maintenance since the beginning of the lease agreement; in which case the management company is also liable for them.

Insurance: the management company must have professional insurance to cover the property against fire, furniture, third parties or other risks linked to its commercial activity.

Leaseback properties must maintain their tourist classification in order to retain their tax advantages. The properties must meet certain requirements in order to qualify as “residences de tourisme classées”. The contract must state that the management company will promote the residence overseas and provide hotels services (breakfast, laundering, cleaning and reception). It is therefore important that it is clearly stipulated in the contract that the management company will provide the above services in accordance with conditions imposed by the French Tax Administration. If those services are not provided and the residence lose its tourist classification, the owner might have to refund the VAT of the purchase price.

Tax Regime

With leaseback properties, tax declarations must be made to the French tax authorities and the developers tend to appoint an accountant in France who will deal with such declarations for purchasers of leaseback properties.

In most leaseback property purchases an accountancy firm will be proposed by the seller to reclaim the VAT of the purchase price on your behalf and carry out the purchaser’s annual declarations. Their annual fees amount to around €400.00.

Leaseback property owners are subject to the status of Non-professional Lessor of Furnished Property (“loueur de Meublé Non Professionnel (LMNP). This is the status where the investor earns less than €23,000.00 per year or 50% of his rental income in a furnished property. To benefit from this status, the owner must not be registered at the Trade and Companies Register as a professional lessor.

The total income is taxed under BIC category (“bénéfices industriels et commerciaux”, in other words profits from industrial and commercial assets) and the charges/fees can be deducted from the same revenue. This tax system significantly reduces or even cancels the owner’s tax liability.

There are two different tax regimes to choose from:

-the « micro BIC »: applicable when the rental incomes are inferior to €32,900.00. No expenses are deducted. However the net rental income will be calculated after a reduction of 50% of the gross income.

-the Régime “simplifié d’imposition” gives the right deduct actual expenses incurred in the year of assessment (mortgage interests, council taxes, insurance premiums, repair works…) and you are also entitled to a depreciation allowance on the cost of your property and furniture.

The lease back is for long term investment

Please note that the French tax Code imposes a duration of 20 years for commercial lease contracts to recoup the VAT in full.

The main reason in giving the VAT rebate is that VAT is earned by the French authorities during the period that the property is let out. This is on an understanding that the property will be let out to tourists for a duration of 20 years. If the lease contract was terminated before this time, then a part of the VAT would need to be re-paid the French authorities pro-rata. This works out at being 1/20th per year.

If for example at the end of an eleven year lease the owner decides not to renew, then he will have to pay back 9/20th of the VAT reimbursed initially – (this corresponds to the remaining 9 years).

Fortunately, in 2006 the French Tax code was amended to include a new article 257 bis which provides that an assignment of property between two persons, who are both registered for VAT, is exempt from VAT when there is a transfer of an asset which includes a commercial lease. The French Tax administration confirmed that the assignment of a leaseback fulfils the conditions mentioned in this article, when a leaseback continues to be carried on by the new owner of the property.

This means that if you sell the property to someone who will carry on with the “lease-back”, you will not have to pay the VAT back.

A leaseback is a commercial contract and commercial contracts in France typically include language for automatic renewal. If you do not wish to renew you must notify the management company at least 6 months before the end of the term of the contract.  However, if you do not renew, the management company is entitled to claim an eviction compensation in accordance with the French commercial code. This penalty for non-renewal must be clearly determined in the contract.

Do your Due Diligence Beforehand

Purchasers assume sometimes that because leasebacks have been given tax incentives by the French government the rental incomes are also guaranteed by the French government. They are not. The management company has the contractual obligation to pay you the rents in accordance with the lease agreement.

Although the leaseback scheme is generally problem-free, you should beware of developers offering high annual returns (e.g. 6 or 7 per cent), as there is no guarantee that these will be maintained in the long term or, indeed, achieved at all. There is a risk of the management company becoming insolvent.

Here are some top tips:

Location: Having a leaseback in a premium location might reduce the risks of not receiving your incomes and will enhance your chances of obtain a buyer if you decide to sell and the end of the term of the lease.

Check if the property will be managed by a reputable management company with a strong position in the rental market;

Plan your budget: Do not rely only the annual incomes to pay your mortgage!

Think twice before entering into a leaseback because it is a long term investment! Within the current economic climate, it is difficult to capitalise quickly. Leaseback schemes are long term investments where you will have limited self-use of the property. Furthermore it might be more difficult to sell the property at the end of the leaseback period as the market might be flooded with other properties unless you have invested in a premium location. If you decide to sell the property within 20 years, you will have to repay the VAT prorata, unless the new purchaser carries on with the leaseback.

Conclusions

There are a number of legal considerations that you need to take into account when looking at purchasing a French leaseback property. French leasebacks are a well-regulated framework which offer tax advantages. Due to the longevity of the lease and its restrictions, it will suit lifestyle purchasers seeking to have few weeks use of a fully serviced property in a holiday location (ski station, sea resort) or long-term investors.

Following income tax incentives offered to French residents, there has been a considerable increase in leaseback purchases and a corresponding increase in development schemes to meet demand, but prospective buyers should be aware of the disadvantages and possible problems of the scheme as well as the advantages that are promoted by developers.

This article was written by Loic Raboteau, French Legal Advisor and director of French Legal Consulting.

Francophile legal Consulting can assist you with international property matters. For more information on this topic, please do not hesitate to contact Loic Raboteau, managing director by completing the form below. 

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A little more about FRANCOphile Legal Consulting Ltd.

The company was created in response to the need of legal experts for international private clients and businesses. People are no longer confined within their own country boundaries to work, create a business or purchase assets. National, international laws and new technology have enabled people and businesses to move and expand internationally, creating a demand to resolve cross-border issues.

We are a London-based legal consultancy company dedicated to addressing our clients’ international needs. Whether you are a private individual moving or investing in a foreign country, an entrepreneur, or a business willing to expand internationally, FRANCOphile Legal Consulting Ltd will cater your specific requirements and will look after your interests in the short and long term.

Benefiting from an extensive network of international lawyers, solicitors, accountants and financial advisors based in London and in several jurisdictions, FRANCOphile Legal Consulting Ltd is able to handle your interests in different countries around the world.

Our approach and solutions are tailored to our clients’ needs. We believe that our clients are unique and warrant distinctive service.

Our international coverage includes France, London, Tunisia, Morocco, Egypt and Mauritius. If you would like to know more about us then fill out the contact form above and we will be right back to you.

For everything you need to know about French property visit www.clefrance.co.uk