Asia -> EU I think I f**ked up

[thomasparra]

Even though I am a French national I have never worked or pay taxes in this country. I was employed in the US for a while and moved to HK. Because of the lockdown situation in HK, I became tired of it and left HK in September 2021. As of today I am still employed in HK and paying my taxes there. According to OECD definition I am still a fiscal resident of HK until November this year.

Upon leaving HK in Sep 2021, I stayed in France for 1 month and because of some minor health issues, I made the stupid mistake of subscribing to the national health insurance (which requirement to claim it is to actually reside in France). I should have never subcribed to this and rather get private health insurance or pay everything out of pocket as now I feel that I am at risk if the tax man checks the national healthcare data.

In terms of timeline, I went to Canada for about 3 months (Oct to Dec 2021), stayed in France till April 22 and then lived somewhere outside Europe for 3 months. Since August 22, I have been in France.

I think I have two options if taxman checks upon me

i) claim I have been residing in France since I came back from HK last year but I have been unemployed since. Hopefully CRS don't f**k me up
ii) claim I am not a resident of France (prove I did stay in Spain, Italy etc) so they can't legally say I am a resident. The issue is that I indeed took national health insurance making me a resident for tax purposes.

What would you do lol?

 

[Martin Everson]

Just to be clear, so the 1 month you have been in France is From August 22 to now? And you subscribed to French healthcare Since August 22 is that right?

thomasparra said:
i) claim I have been residing in France since I came back from HK last year but I have been unemployed since. Hopefully CRS don't **** me up
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This would be healthcare fraud 🙁.

thomasparra said:
ii) claim I am not a resident of France (prove I did stay in Spain, Italy etc) so they can't legally say I am a resident. The issue is that I indeed took national health insurance making me a resident for tax purposes.
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This would be fraud also in that case 😕.

thomasparra said:
What would you do lol?
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Cry

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Please note my posts should not be taken as financial or tax advice. Please seek professional advice in that respect.

 

[void]

it seems like you're overthinking this...
most likely no one will care/notice
for the peace of your mind isn't the easiest way to proactively reach the health insurance administration, state that you realized you didn't qualify because you were/are not a resident in France and reimburse what you got from them?

 

[thomasparra]

Martin Everson said:
Just to be clear, so the 1 month you have been in France is From August 22 to now? And you subscribed to French healthcare Since August 22 is that right?



This would be healthcare fraud 🙁.



This would be fraud also in that case 😕.




Cry
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No I was in France for 1 month in September 2021, 3 months from Jan to March 2022, and since end of July 22 (2 months). I also traveled a bit between Jan and March inside the EU (outside France) so technically I am still out of the 6 months window. However I claimed health insurance in Sep 21 (which I barely used actually) and I had to say I was residing in France. That was dumb and now I do now know if I should say to France I am out of the country again by resigning health insurance or if I should just go with it

void said:
it seems like you're overthinking this...
most likely no one will care/notice
for the peace of your mind isn't the easiest way to proactively reach the health insurance administration, state that you realized you didn't qualify because you were/are not a resident in France and reimburse what you got from them?
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Yes I think I am overthinking this too. Reimbursing the health insurance is definitely a good option but I am scared it might raise some elbow and attract unnecessary attention. Also, I might cut any ties with HK soon including employment early 2023 so I do not know if it is worth it to cut these ties at this point now.

Last edited: Oct 9, 2022

 

[Martin Everson]

thomasparra said:
However I claimed health insurance in Sep 21 (which I barely used actually) and I had to say I was residing in France.
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Yup that was deliberate fraud.

thomasparra said:
That was dumb and now I do now know if I should say to France I am out of the country again by resigning health insurance or if I should just go with it
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The French system should shaft you, but as @void said they probably won't bother - unless your treatment cost was like a costly kidney transplant..lol. Anyway so many expats travel back to their EU home country for treatment especially those residing in developing countries and give dubious details ns2. I would say you are at the bottom of a long list of people who have done exactly what you have done.

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Please note my posts should not be taken as financial or tax advice. Please seek professional advice in that respect.

 

[thomasparra]

Martin Everson said:
Yup that was deliberate fraud.



The French system should shaft you, but as @void said they probably won't bother - unless your treatment cost was like a costly kidney transplant..lol. Anyway so many expats travel back to their EU home country for treatment especially those residing in developing countries and give dubious details ns2. I would say you are at the bottom of a long list of people who have done exactly what you have done.
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They have bigger fish to fry for sure but you never know with COVID, the energy crisis, and the loom for a potential recession. They need more money than ever

Honestly I would have come back to EU if it was not to start a business next year.