No tax treaty between France and Gibraltar: what this changes

No entry in France's administrative list of tax treaties concerns Gibraltar. Gibraltar has, however, signed a double taxation agreement with the United Kingdom, but France is not included in it. We have not found any article that distinguishes between two residences or that caps withholding tax between France and Gibraltar. This page indicates what we have confirmed and what it does not address.

Gibraltar has a double taxation agreement, but not with France.

The Gibraltar Revenue Office has published an agreement with the United Kingdom. It resulted from an exchange of letters dated October 1st and 15th, 2019, and entered into force on March 24th, 2020. It applies to residents of the United Kingdom, Gibraltar, or both. France is not included.

On the French side, the BOI-ANNX-000306 doctrine, version of April 29, 2026, contains no information on Gibraltar. It only lists agreements in force on January 1, 2026. The BOFiP (Official Bulletin of Public Finances) dedicated to the United Kingdom indicates that France and the United Kingdom have signed two agreements. Its page does not mention Gibraltar and does not specify the scope of the term "United Kingdom": we will not address this point.

The annex to the 2027 draft budget contains a line item: "Gibraltar: Information exchange agreement entered into force on 09/12/2010." We have not read the text. Gibraltar is not on the French list of non-cooperative states and territories, which has included 11 states since the decree of April 15, 2026. The list is verified on the date of departure.

Two definitions of residence, no article read to reconcile them

French criteria are not limited to a specific duration: only one is required, for example, the principal activity (§ 220) or the center of economic interests (§ 230). We have not found any rule that reconciles the two definitions. French domestic rules apply "subject to conventions" (BOI-INT-DG-20-10-10, § 20), and no convention is listed for Gibraltar.

Two consequences are enshrined in French tax law. Income earned abroad by a person domiciled in France is taxable "even if it has not been transferred to France" (§ 70). A person domiciled outside France is taxable only on their French-source income (§ 90).

What Gibraltar imposes, according to its administration

According to the Income Tax Office website, the tax applies to employment or self-employment income generated in Gibraltar, originating from or received there (or received elsewhere) by an ordinarily resident, as well as rental income from properties located in Gibraltar. Income taxed where it is generated but not received in Gibraltar is generally not taxable there. The website does not detail the exceptions, and we have not reviewed the legislation.

On the French side, the BOFiP reminds us that the foreign income of a person domiciled in France is taxable in France.

The same page indicates that there is no capital gains tax and that inheritance tax (estate duty) has been abolished since April 1, 1997. In the absence of a tax code, the employer must withhold 20 % from wages (PAYE page).

Tax paid in Gibraltar: a local tax break, French silence

Gibraltar provides for unilateral relief from foreign tax. This relief is limited to the lesser of the foreign tax already paid and the Gibraltar tax on that income. It applies to a Gibraltar resident.

On the French side, the 2026 income tax guide states that, in the absence of a tax treaty, income is taxable in France without any elimination of potential double taxation. The 2047 form (for 2025 income), which covers securities and investments, specifies that income from a source located in a country without a tax treaty does not entitle the taxpayer to any tax credit. It must be declared net of tax withheld abroad, or gross if no tax has been withheld. We have not confirmed the tax treatment for other types of income.

Exit tax with €3.1 million in securities: a numerical example (fictitious profile)

Situation. A fictitious associate has been domiciled in France for over six years. Her shares are worth €3,100,000 and the unrealized capital gain is €1,100,000. She is planning to move to Gibraltar in 2026.

Issue. The securities far exceed the €800,000 threshold, regardless of the wording used in the notice or information sheet. She wants to know the approximate amount of the tax and how long the issue remains open.

Strategy. Before leaving, she checks Gibraltar's eligibility for automatic deferment (the list of eligible states is not provided here) and the application deadline if deferment is optional. She also plans for annual follow-up if she retains her residence permits.

Result. On an assumed unrealized capital gain of €1,100,000, income tax at 12.8% (%) amounts to €140,800. Social security contributions at 18.6% (%), the rate for departures in 2026, amount to €204,600. The total is €345,400 before deferral and tax relief. The value of the securities exceeds €2.57 million: the tax relief requires a period of 5 years, instead of 2 years for departures below this threshold. For a departure in 2027, the social security contribution rate is not included here.

Departure procedures and accounts opened in Gibraltar

The tax authorities require you to report your new address, declare your income from January 1st to your departure date on form 2042, and report any foreign-sourced income on form 2047. Form 2042-NR only includes French-sourced income taxable in France, from your departure date to December 31st. The French Wealth Tax (IFI) is administered by the SIP-NR (French Tax Administration). The official website recommends contacting your local tax office.

Bank accounts, assurance-vie or capitalization contracts, and digital asset accounts opened, held, used, or closed abroad must be declared annually. The fine is €1,500 per undeclared account. The French government's public service website (Service-public.fr) stipulates a fine of €10,000 for an account located in a country that has not signed a tax treaty with France to combat tax fraud and evasion. We do not classify Gibraltar under this criterion.

What this page does not cover

It does not cover Gibraltar tax rates (see our page on life in Gibraltar), social security contributions, stamp duties, residence permits, or local savings. It also does not address the territorial scope of the Franco-British convention. These points should be verified with a professional based in Gibraltar.

What changes depending on your situation

• Your tax residence on the date of departure and its duration in France.
• Your number of days spent in Gibraltar and your other links with France.
• The value of your securities, your share of the profits of your companies and the applicable deferment.
• The nature of the income you keep in France or receive in Gibraltar.

A departure is prepared based on the facts of your case. No outcome is guaranteed in advance.