Overcoming Taxation Challenges

Founded on 29 October 2004, the Euroregion Pyrenees Mediterranean is a cooperative political organisation located along the French-Spanish border.  In 2009, it become an EGTC and its members are the Government of Catalonia, the Government of the Balearic Islands and the Région Occitanie.

Xavier Bernard Sans and Phillipe Peries, respectively Secretary General and administrative and financial manager at the Euroregion, aim to make its cross-border labour market more attractive and better suited to the realities of cross-border employees of the EGTC and other structures. However, the current regime along the Spanish-French border restricts benefits to workers residing within 20 kilometers of the border. Consequently, employees who live farther away face higher taxes if they work on the other side of the border. This taxation discrepancy adds a burden to those commuting beyond the 20-kilometer limit.​

“Bilateral agreements regulating the taxation of cross-border workers commuting between France and Spain date from 1961, 1973 and 1995 and do not reflect current challenges. Additionally, the Spanish regions along the French border have their own taxing power, further fragmenting the legal frameworks applicable”, explain Xavier and Phillipe.

Initially, Xavier and Philippe hesitated to apply to b-solutions. “We thought a lot before applying to b-solutions. Indeed, we studied the situation and we thought it was a waste of time. We face an obstacle that does not concern enough people to be considered a priority by Spain and France, this border being much less integrated than borders such as France-Belgium, France-Luxembourg, or France-Germany. Then we said to ourselves, let's try to submit an application anyway, it will always have the merit of laying the legal foundations of this obstacle and of weighing a little more in the context of possible steps to be taken at the national level”, they add.

With a barrier-breaking motivation, the Euroregion team finally joined the b-solutions project and received support from expert Amparo Montán Montesinos. She advised them and suggested solutions including engaging in diplomatic efforts to prompt legal changes as well as revising bilateral agreements at the origin of the obstacle. Additionally, she highlighted a solution, which convinced them, based on a Spanish law on income and allowing for exemptions tax.

“The contact with the expert was very positive and the work carried out with the Euroregion Nouvelle Aquitaine Euskadi, associated with this study, very constructive. At the end of this study, we have a very comprehensive document that takes stock of the legal range in force in terms of taxation on the Franco-Spanish border. And to complete this assessment, the expert was able to offer us very positive and directly applicable recommendations (…)

From a very blocking situation, we now have a legal solution directly applicable to our employees concerned. This solution, little known to Spanish taxpayers, but also to managers of these tax returns, can allow our EGTC, but also other structures in the same situation, to continue to recruit and maintain agents resident in Spain and working for an employer in France. This positive outcome, coupled with a set of recommendations more focused on organisational aspects, allows the Euroregion Pyrenees Mediterranee to offer its employees a directly applicable solution and to present to its members other recommendations that may be possible”, conclude Phillippe and Xavier.