The Expat Investor's Playbook: A Condensed Guide for Americans in France

Investing as a U.S. citizen or green card holder in France presents a unique set of challenges driven by the intersection of two distinct tax systems. The United States taxes its citizens on their worldwide income, regardless of where they live, while France taxes its residents on their global earnings.¹ This guide provides a condensed overview of the essential principles, critical pitfalls, and strategic solutions for building a compliant and efficient investment portfolio while living in France. 

Core Tax Principles: The U.S. and France 

●      U.S. Citizenship-Based Taxation: As a U.S. citizen, you have a lifelong obligation to file U.S. tax returns and report all worldwide income to the IRS, even if you live permanently in France.⁴ This includes salary, interest, dividends, and capital gains from any source.⁵

●      French Residency-Based Taxation: Once you become a tax resident of France (typically by spending over 183 days a year or having your main home there), you are liable for French taxes on your worldwide income.⁷ French income tax is calculated on a household basis (foyer fiscal) using progressive rates up to 45%, plus substantial social charges (e.g., 17.2% on investment income).¹⁰

●      Avoiding Double Taxation: The U.S.-France Tax Treaty is designed to prevent double taxation.¹⁴ The primary tool for this is the Foreign Tax Credit (FTC), which provides a dollar-for-dollar credit against your U.S. tax liability for income taxes paid to France.¹⁶ Given France's higher tax rates, the FTC is generally the most effective strategy for U.S. expats, often eliminating their U.S. tax bill entirely.¹⁸ 

The Biggest Pitfall: The PFIC Trap 

The single most critical rule for U.S. investors abroad concerns Passive Foreign Investment Companies (PFICs). Understanding and avoiding PFICs is paramount to prevent severe financial penalties.

●      What is a PFIC? A PFIC is any foreign-based corporation that meets either an income test (75% or more of its income is passive) or an asset test (50% or more of its assets produce passive income).¹ This broad definition includes the vast majority of non-U.S. investment products, such as:

○      French and European mutual funds (SICAVs, FCPs)²²

○      Non-U.S. Exchange-Traded Funds (ETFs)²⁵

○      Most French Assurance Vie policies, as their underlying investments are typically non-U.S. funds.²⁸

●      Why are PFICs a Problem? The U.S. tax treatment for PFICs is exceptionally punitive. Gains and distributions are taxed at the highest ordinary income rates, plus compounding interest charges, which can lead to effective tax rates approaching or exceeding 100% of the gain.³⁴ Additionally, each PFIC investment requires filing the complex and costly IRS Form 8621 annually.³⁶

●      The Assurance Vie and PEA:

○      Assurance Vie: While a premier tax-advantaged investment and estate planning tool in France, the IRS views it as a collection of PFICs, making it a toxic investment for Americans.²⁸

○      Plan d'Épargne en Actions (PEA): This French stock savings plan is not recognized as tax-advantaged by the U.S..³⁹ If used to hold European funds or ETFs, it becomes a PFIC trap.⁴¹ However, a PEA can be used compliantly if it holds only individual European company stocks, which are not PFICs.⁴³ 

The Compliant Investment Strategy 

The most effective way to build a diversified, low-cost portfolio while avoiding the PFIC minefield is to use U.S.-domiciled products and platforms.

●      Use an Expat-Friendly U.S. Broker: The cornerstone of a compliant strategy is to open and maintain an account with a U.S. brokerage firm that works with expats, such as Charles Schwab International or Interactive Brokers.⁶ This is crucial because many U.S. firms restrict or close accounts for clients with foreign addresses.⁴⁸

●      Invest in U.S.-Domiciled ETFs and Funds: By using a U.S. broker, you gain access to U.S.-based ETFs and mutual funds.² These are not PFICs, even if they invest in international stocks.²³ This allows you to achieve global diversification without the punitive tax consequences.

●      Navigate EU Regulations: European PRIIPs/MiFID II rules can prevent EU-based brokers from selling U.S. ETFs to retail clients.⁵² Using a U.S.-based broker is the most direct way to bypass this restriction.³¹ 

Mandatory U.S. Reporting: FBAR and FATCA 

In addition to filing a tax return, U.S. expats must comply with two key foreign asset reporting requirements. Failure to file can lead to severe penalties.¹⁷

●      FBAR (FinCEN Form 114):

○      What: Reports foreign financial accounts (bank, brokerage, etc.).⁵⁷

○      Threshold: Required if the aggregate value of all foreign accounts exceeds $10,000 at any point during the year.⁶⁰

○      How: Filed electronically and separately from your tax return with the Financial Crimes Enforcement Network (FinCEN).⁶¹

●      FATCA (Form 8938):

○      What: Reports specified foreign financial assets, a broader category that includes accounts, foreign stocks, and partnership interests.⁴⁴

○      Threshold (for Expats): Much higher than FBAR. For a single filer, it starts if assets exceed $200,000 at year-end or $300,000 at any time.⁴⁴

○      How: Filed with your annual U.S. tax return to the IRS.⁴⁴

These are separate obligations; filing one does not satisfy the other.⁴⁴ 

Long-Term Planning: Retirement and Estate 

●      Retirement Accounts: The U.S.-France Tax Treaty provides clear benefits.

○      U.S. Accounts (IRA, 401k): Distributions are generally taxable only in the U.S., not in France.⁶⁷

○      French Accounts (PER): These are recognized as qualified pension plans, and growth is tax-deferred in the U.S. This provides a safe harbor from PFIC rules for funds held within the PER.⁷²

●      Estate and Inheritance Tax: This is a major area of conflict.

○      U.S. Estate Tax: Levied on the deceased's estate. A very high exemption ($13.99 million in 2025) means most estates owe nothing.³⁰

○      French Inheritance Tax: Levied on the beneficiary. Rates depend on the relationship to the deceased. Spouses are exempt, but children face rates up to 45% (after a €100,000 allowance), and unrelated beneficiaries face a flat 60% tax.⁵³

○      The Planning Trap: The primary French tool to avoid this high inheritance tax, the Assurance Vie, is a PFIC trap for Americans.²⁸ The U.S. high exemption does not protect your French-resident heirs from French inheritance tax. 

Summary Action Plan 

1.     Use a U.S. Brokerage: Open an account with an expat-friendly U.S. broker (e.g., Schwab, Interactive Brokers) to serve as your primary investment platform.

2.     Invest in U.S. Products: Build your portfolio with U.S.-domiciled ETFs, mutual funds, and individual stocks to completely avoid the PFIC problem.

3.     Avoid Foreign Funds: Do not invest in any non-U.S. "packaged" products, especially within an Assurance Vie or a standard PEA.

4.     File Annually: Fulfill all U.S. tax and reporting obligations, including Form 1040, FBAR (FinCEN 114), and Form 8938 (FATCA).

5.     Seek Professional Advice: The complexity of cross-border investing makes specialized advice from tax and financial professionals who understand both U.S. and French systems invaluable.