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VIDEO. Tax, Fca... that the right to the error will change for individuals

The government wants us to reconcile with the administration. It will consider soon whether you are of good faith in cases of error in a statement. Except in ca

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VIDEO. Tax, Fca... that the right to the error will change for individuals

The government wants us to reconcile with the administration. It will consider soon whether you are of good faith in cases of error in a statement. Except in cases of fraud.

the "Repair and transform the relationship between citizens and the administration" : it is the objective of the government, was hammered out Monday, the Prime minister Edouard Philippe at the conclusion of the council of ministers. It proposes a series of measures, based on two pillars, "trust" and "keep it simple". They need to be discussed by the Parliament by the spring, in the framework of a draft law entitled "To a State at the service of a trusted company".

READ ALSO >> Right to be wrong: the ten key measures expected to change the life of the company

If many of the provisions relate to companies, individuals are also referred. Some are doomed to be applied directly, others to be the object of experimentation. in

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The error is human...

"everyone can be wrong". It is the first principle that the government intends to spend. In fiscal matters, it must result in a decrease in the rate of interest for late payment due to the tax authorities in case of tax return is incorrect or incomplete.

The project of amending finance law for 2017 already provided to divide-by-two of these late-payment interest, of 4.8 percent per year to 2.4%. The idea here is to divide by two for those who ask themselves the correction of the error - "a fault confessed is half redressed", grants the minister of the Action and of the public Accounts, Gérald Darmanin. The rate would increase so in this case at 1.2 % per year. If this is the fisc, which detects the error, during a control, the interest of delay would be reduced by 30% for those in "good faith", that is to say, if the administration can not prove a "wilful default".

Example given by the government : "Sonia has been working in a consulting firm. In parallel to his main activity, it gives a few hours of course in 2 universities. She realizes that she has not declared the income from one of them. Thanks to a spontaneous correction, it does not fulfill that 50% of late payment interest to be paid."

Attention, the decrease only concerns the late payment interest penalties that may be applied if you're in the wrong by declaring your taxes are not changed, according to the office of Gérald Darmanin.

In areas other than taxation, if an individual makes an incorrect statement, for example, to receive any benefit, the sanctions provided by the law (the deprivation of the benefit, penalties, etc), will only be applied if the administration proves there is also a "wilful default". Otherwise, the user, considered in good faith, will be able to rectify its error.

Example: "Bénédicte is on parental leave and decides to return to work before the scheduled date. But she forgets to declare it to the CAF, and so continues to perceive the aid it was paid. The FCA realizes : Bénédicte shall return the amounts paid, but, as she is clearly in good faith, it will not incur penalties."

You ask a question? The administration must commit

The government intends to further extend the "rescript". This procedure, already used in the face to the tax authorities, you can ask a question to the administration and then be able to rely on his or her response in case of control. The idea is to extend it to other administrations, which will need to be listed by a decree in Council of State.

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Example: "Delphine wants to work with a gardener to maintain the property of his mother. She would like to entrust this work to an auto-entrepreneur and pay with checks jobs in universal services who are entitled to tax benefits, but is not sure to have the right. She poses the question to the Urssaf who responds to him positively by a rescript. On the day of a test, Delphine will be able to oppose this document to the administration."

A unique reference point

A measure intended to "facilitate the path of the user" must also be experienced during four years : the introduction of a "single point of contact, not to have any more than a door to knock". The government speaks of establishing "an appointment to the common rights, employment, family benefits, and health". Without the details.

Cfo, administration... opening hours extended

the Other experiment announced: review the schedules of some of the offices in order to conform more closely "to the reality of the lives of our citizens". It would for example be question of closing the funds for family allowances later one evening per week. This point should be the subject of an annual report to Parliament.

More need of proof of address

Need a new id card, a passport or a driving licence ? In another test, 18-month, four departments will not ask you provide proof of residence, in order to simplify the approach. It is the Dawn of the Yvelines department, in the North and the Val d'oise. "Instead of providing vouchers, the user has to do is to pass references of a tax notice or a subscription contract for the provision attached to his home - then, it is the administration who shall carry out the checks," says the government in its press kit.

Read our complete file : the website of the government on the right to the error The "right to error" to be definitively adopted in the Parliament The employees home victims progress to caregivers?

Approaches 100 % in-line

The government has finally set itself the goal to dematerialize all of the administrative procedures by 2022, out of the first issuance of a document of identity. Advances in this area will also be the subject of an annual report. Recall that since 6 November, the approaches of individuals regarding the driving licences and registration certificates are already mandatory via the Internet. It is now a matter of experiment for three years for the "0 paper" for the requests of civil status acts submitted to the ministry of foreign Affairs, that is to say, in the case of a birth, marriage or death abroad. Parts cloud will have the same value as the copies and extracts of paper.

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