Leosghost - 11:25 pm on Mar 26, 2013 (gmt 0)
Agree with everything swa66 has said..
Specific to France*..
What if that relative is not a resident, does not live there, and has a bank account in that country?
That would be a "non resident account"..as per Belgium would be subject to extreme scrutiny and reporting ( to the French tax authorities ..known as even to those who work within them ..or to those who they now employ as occasional consultants* ..as "le Fisc" )..who then tell all the others, ( l' URSSAF etc etc ) by "the bank"..
Or say you cross the border and open an account in Switzerland, and start receiving adsense payments on your Swiss account.
Funnily enough..we have just had a finance minister from the "gauche caviar" had to resign for that very thing..( not adsense , but payments into a Swiss bank account ) and who is under investigation by the courts , having been under investigation by "the fisc" ( as he was the titular head of said "fisc" he had to resign..being the boss of those who are investigating you is no longer publicly acceptable in France..things have moved on since Mr Mitterand ) ..
In France that would be tax evasion or tax fraud.."fraude fiscale"..( plus all the other stuff and some more in the case of France referred to by swa66 re undeclared working/ business etc ) unless you ( or the "person in question" ) then became a permanent Swiss resident ,for fiscal purposes..
Are those earnings still taxable in France or Belgium?
France..? they are taxable in France..unless you can prove that they were declared elsewhere and that tax was paid elsewhere..but if the French consider that they should have been declared in France ( the business was being directed by someone resident in France, or for the benefit of someone resident in France ) ..then even if taxes were / are paid elsewhere..the mandatory social security contributions ( and any fines for non payment in the past ) will be required to be paid in France..and "they" can go "back" further than 5 years..( the "fisc" here.. can go back 6 years ..other parts of the administration can go back further )..non payment or dissimulation can and frequently does result in seizures, fines and even prison terms..sometimes all 3..
It works like Belgium ..they can come back for many bites for the same offence(s) ..and so can each part of the administration..
Oh ..and this is "code Napoleonic"..you have to prove you are innocent..they do not have to prove that you are guilty ..
Disclosure.. *as a result of my many and prolonged interventions for some people with the "fisc"..I was offered by the "fisc", a consultative role regarding "tax fraud" by foreign residents ( and especially those "financial advisors" who advertise to them and who have large client lists )..Most of the time it actually means that if the "fisc" can be assured that the persons genuinely did not understand the French laws and acted in "Good faith"..then the book is not thrown at them..
But in some cases it is..especially when the tax and other authorities consider that someone is taking the piss..as a friend ( head of tax fraud investigation in my region ) said to me.."If any tax man anywhere in the world thinks you are taking the piss..they will bury you, and put your kids on the streets..unless you know the right people..and if you have to wonder if you do ..you don't"..
Btw .France also has a system ( hangover from WW2 ) whereby any jealous neighbor , friend, competitor or disgruntled spouse or partner etc contacts "the fisc "about you and makes allegations of you defrauding the system..( they can make such allegations anonymously which can be enough to start an investigation ) or, if they make them in writing, and give their name and address ..they can be "rewarded" with upto 10% of any sum ( including any fines ) recovered from you..
I have sat in my friends office and heard the denunciative phone calls, and seen the letters, and emails ..many times ..relating to French nationals and non French nationals..not merely to adsense but to all walks of business life..
Such similar systems may well exist elsewhere..
So..as netmeg says elsewhere ..the first rule of fightclub...
And the second is ..unless you know that you know the right people..( and bear in mind that they may not continue being the right people )..pay your taxes..