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?

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

This would be healthcare fraud .

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.

This would be fraud also in that case .

What would you do lol?

Cry

 

[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]

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

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

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?

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.

 

[Martin Everson]

However I claimed health insurance in Sep 21 (which I barely used actually) and I had to say I was residing in France.

Yup that was deliberate fraud.

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

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 . I would say you are at the bottom of a long list of people who have done exactly what you have done.

 

[thomasparra]

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 . I would say you are at the bottom of a long list of people who have done exactly what you have done.

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.