Form 3916 bis: Information required to declare a foreign life insurance contract

Form 3916/3916 bis specifically concerns capitalization contracts and similar investments taken out outside of France. It must be attached to your 2042 income tax return. For each contract, it requests information about the contract, the insurer, the guarantees, the transactions during the year, the value on January 1st, and the individuals involved. The French tax authorities (BOFiP) estimate the penalty for omitting a contract at €1,500, based on Article 1766 of the French General Tax Code (CGI).

This page details the form's contents. The complete process for a foreign contract (contract declaration, payment of levies, deferral of gains) is explained on our page "Declaring a life insurance contract opened abroad".

What the form aims to

Form no. 3916 / 3916 bis (CERFA 11916) covers several types of accounts and contracts. In its 2026 tax year guide (for 2025 income), section 7 concerns "capitalization contracts or similar investments taken out outside France." A contract taken out with a Luxembourg insurer is a contract taken out outside France: this is the relevant section.

This form is not used to declare the tax on your redemptions, even though it asks for certain amounts. Gains and withdrawals are handled on other forms.

The information categories in section 7

Section 7 of the instructions has several lines. Here are the categories of information it requests, according to the headings in the instructions. The exact list, line by line, can be found in the instructions: do not rely on this summary to complete the form.

Two points require extra care. Partial settlements must be declared transaction by transaction: a date and an amount per transaction, not a total. The value is calculated as of January 1st: verify that the value you are reporting corresponds to this date.

Where and how to submit the form

The form is attached to income tax return no. 2042. According to the instructions, if your 2042 return is filed online, form 3916 must also be completed online.

According to the practical brochure 2026, the 2042 K income tax return includes a section "Capitalisation or life insurance contracts taken out abroad", which requires attaching form 3916 or 3916 bis.

The penalty: what the BOFiP says

For a life insurance or capitalization contract taken out outside France, the BOFiP BOI-CF-INF-20-10-50 (paragraph 40) sets the penalty at €1,500 per undeclared contract, based on Article 1766 of the French General Tax Code (CGI). This penalty applies for each year not yet time-barred for which the declaration was due.

The penalty is increased to €10,000 when the obligation concerns a state or territory that has not concluded an administrative assistance agreement with France for the purpose of combating tax fraud and evasion, allowing access to banking information. The BOFiP (Official Bulletin of Public Finances) does not mention Luxembourg in this passage.

The BOFiP also mentions a surcharge of 80 % in the event of an adjustment (paragraphs 90 and 110). This page does not detail the conditions.

An important distinction to remember. The instructions for form 3916 state the penalty at €1,500 "per account" for bank accounts. For life insurance contracts, the BOFiP (French tax authority) specifies "per undeclared contract." The instructions, however, only state the penalty for bank accounts and digital assets. They do not provide an amount for a life insurance contract. Therefore, do not rely solely on the instructions to assess the risk.

Numerical example (fictitious profile)

Situation. A hypothetical French tax resident holds a life insurance policy opened in 2019 with a Luxembourg insurer. In 2025, he made two partial withdrawals: €5,000 on February 14th and €8,000 on September 20th. He paid three premiums of €2,000 each during the year. His year-end statement shows a balance of €190,100. The policy was worth €182,400 on January 1st.

Issue. To fill out the form, he copies the value from his last statement, €190,100, without looking at the date. He also adds his two redemptions together on a single line.

Strategy. Complete the form line by line. One line per partial settlement, including its effective date and amount. The total amount of premiums for the year, added together. The value as of January 1st, not the year-end value.

Result. Partial payouts during the year: €5,000 and €8,000, totaling €13,000, but these are two separate entries. Bonuses paid during the year: 3 × €2,000 = €6,000. Value to be carried forward: €182,400 (as of January 1st). The year-end statement would have resulted in a declaration of €190,100, an excess of €7,700.

CALCULATION: 5,000 + 8,000 = 13,000; 3 × 2,000 = 6,000; 190,100 − 182,400 = 7,700. All values, redemption dates and opening year are assumptions of the fictitious profile.

What changes depending on your situation

• The number of contracts. Information is gathered for each contract held outside of France.
• The type of contract. Capitalization, other investments of the same nature or other: the notice distinguishes these cases.
• The year's operations. Each partial settlement is declared with its effective date and amount.
• The people concerned. The notice asks for the names of the holders or subscribers.
• The undeclared years. A regularization process is prepared before it is initiated.

These points are examined on a case-by-case basis. No result is guaranteed in advance.