Expat Filings

US Retirement Accounts for Americans in France: IRA, 401(k), and French Plans

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US citizens in France face retirement planning questions from two directions simultaneously. On the US side, existing retirement accounts (IRA, Roth IRA, 401(k)) continue to operate under US tax law, with specific rules that interact with the Foreign Earned Income Exclusion and French residency. On the French side, participation in French employer retirement savings plans and the French state pension system creates reporting and tax compliance obligations in both countries.

The US–France income tax treaty contains provisions governing pension and retirement income. These provisions affect the allocation of taxing rights over cross-border pension payments and, in some circumstances, the US tax treatment of contributions to French retirement plans. The specific analysis depends on the type of plan and the applicable treaty article.

This article addresses the most common retirement-related compliance issues for US citizens in France. Treaty analysis for specific pension situations warrants consultation with a qualified professional.


US Retirement Accounts While Living in France

IRA and 401(k): Continued Participation

US citizens in France may continue to hold and receive distributions from existing traditional IRA and 401(k) accounts. The accounts are maintained at US financial institutions and are not subject to FBAR or Form 8938 reporting. Distributions are includible in US gross income as ordinary income in the year received, regardless of residence.

Active 401(k) participation depends on the employer. US citizens employed by US companies with French operations or French subsidiaries may or may not have access to a US 401(k) plan. Those employed directly by French companies do not have access to US 401(k) plans and participate instead in French retirement plans.

Roth IRA: The FEIE Contribution Trap

The Roth IRA annual contribution limit is based on earned income not excluded under the Foreign Earned Income Exclusion.

FEIE StatusRoth IRA Contribution Eligibility
Full exclusion of all foreign earned incomeNo earned income remaining; Roth contribution not permitted
Partial exclusionRoth contributions permitted up to the non-excluded earned income, subject to the annual limit and income phase-out
No FEIE (FTC strategy)Earned income fully available; Roth contributions subject only to the annual limit and income phase-out

A US citizen in France who uses the Foreign Tax Credit strategy instead of the FEIE retains foreign earned income for IRA contribution purposes. A citizen who fully excludes all income under the FEIE has no earned income available and cannot make a Roth or traditional IRA contribution for that year.

This is one of the primary trade-offs between the FEIE and FTC strategies that is not visible in the immediate tax computation. A taxpayer who plans to build Roth IRA balances while living abroad should account for the FEIE’s effect on contribution eligibility.

Traditional IRA Deductibility Abroad

Traditional IRA contributions are deductible if the taxpayer is not covered by an employer retirement plan or, if covered, if income falls below the phase-out threshold. US citizens employed by French companies and participating in French employer plans may be treated as covered by an employer retirement plan for IRA deductibility purposes, which would phase out or eliminate the deduction depending on income. Whether a French plan constitutes an employer plan under IRC §219 for active-participant purposes is not expressly addressed by IRS guidance and depends on the plan’s structure. A US citizen in this situation should seek specialist advice before assuming deductibility.

French Retirement Plans: US Tax Treatment

French Employer Plans: PER, PERCO, PEE

French employers may offer employer-sponsored savings and retirement plans. The most common are:

PlanDescription
PER collectif (Plan d’Épargne Retraite collectif)Employer-sponsored retirement savings plan; successor to the PERCO
PERCO (Plan d’Épargne pour la Retraite Collectif)Prior-generation employer retirement plan (closed to new contributions in most cases)
PEE (Plan d’Épargne Entreprise)Employer savings plan (5-year lock-up, not strictly a retirement plan)

US tax treatment: Contributions by the employer to these plans may be includible in the US employee’s gross income unless a treaty provision excludes them. The US tax treatment of earnings within these plans depends on how the plan is classified under US law: as a foreign trust, a nonexempt employees’ trust, a deferred compensation arrangement, or a treaty-covered pension arrangement. The plans are not treated as qualified retirement plans for US tax purposes without a specific treaty basis.

Without a specific treaty basis or IRS ruling, annual inclusion of inside build-up is a material risk. Classification requires professional analysis. Request an introduction to a specialist.

French State Pension (Retraite de Base, CNAV)

The French state pension is a benefit entitlement arising from years of contributions to the mandatory French social security system. It is not a financial account. Under Article 18(1) of the US–France treaty, payments from the CNAV are taxable only in France, regardless of whether the recipient is resident in France or the US. For US citizens resident in France, this treatment is explicitly preserved from the saving clause by Article 29(3)(a) and confirmed by the 2009 Protocol. CNAV payments are not includible in US gross income.

FBAR: Not reportable. The retraite de base is a benefit entitlement, not a financial account at a foreign financial institution.

Form 8938: Generally excluded from the definition of specified foreign financial assets.

Retraite Complémentaire (AGIRC-ARRCO)

The supplementary pension through AGIRC-ARRCO is, like the state pension, a benefit entitlement accrued through mandatory contributions. Under Article 18(1), AGIRC-ARRCO payments are taxable only in France. For US citizens resident in France, this treatment is preserved from the saving clause by Article 29(3)(a). These payments are not includible in US gross income.

Reporting Obligations

FBAR

Account TypeFBAR Reportable
US IRA at US institutionNo
US 401(k) at US custodianNo
French employer savings plan (PER collectif, PERCO)Generally yes
French state pension (CNAV retraite de base)No (benefit entitlement, not a financial account)
Retraite complémentaire (AGIRC-ARRCO)No (benefit entitlement)

French employer plans that hold assets in financial accounts at French financial institutions are reportable on FBAR when the aggregate value of all foreign financial accounts exceeds $10,000 at any point during the year.

Form 8938

Account TypeForm 8938 Threshold
French employer plan (PER, PERCO)Counts toward threshold; may be excluded from detailed reporting under treaty provisions
Foreign state pensionGenerally excluded from specified foreign financial assets
French individual savings (PEA, assurance-vie)Counts toward threshold

US citizens living abroad apply the higher thresholds: $200,000 at year-end or $300,000 at any point during the year for single filers (2025 figures). If total specified foreign financial assets exceed the applicable threshold, Form 8938 is filed as an attachment to Form 1040.


Technical References

IRA contribution limitation and FEIE interaction: IRC §219(f)(1) defines compensation for IRA purposes as earned income within the meaning of IRC §401(c)(2). IRC §219(f)(2) reduces the earned income available for IRA contribution purposes by any amount excluded under IRC §911 (the FEIE). A US citizen who excludes all foreign earned income under Form 2555 has zero earned income available for IRA or Roth IRA contributions.

Roth IRA income phase-out: IRC §408A(c)(3) establishes the modified AGI phase-out for Roth IRA contributions. The phase-out range is adjusted for inflation annually. For 2025, the phase-out begins at $150,000 for single filers and $236,000 for married filing jointly. Verify against IRS Publication 590-A for the applicable tax year.

FBAR employer plan reporting: Under 31 C.F.R. §1010.350, FBAR covers any financial account at a foreign financial institution. Employer-sponsored retirement savings accounts held at French custodians (such as asset management companies managing PERCO or PER collectif assets) are financial accounts. Whether a specific plan qualifies depends on whether it meets the definition of a “financial account” under the BSA implementing regulations.

Form 8938 treaty exclusion: IRC §6038D(d)(2) and accompanying regulations permit exclusion from Form 8938 detailed reporting of certain foreign pension and deferred compensation plans covered by a tax treaty. The exclusion from reporting does not eliminate the obligation to count the plan’s value toward the 8938 threshold.

US–France Treaty, pension provisions: The US–France income tax convention addresses pensions, annuities, and social security in Article 18. Article 19 governs active government service remuneration (salaries and wages); government pensions were moved into Article 18 by the 2004 Protocol. Article 17 covers artistes and sportsmen and is unrelated to pension income. The treaty contains provisions governing the allocation of taxing rights over pension distributions and, in limited circumstances, the deductibility of contributions. The savings clause in Article 29(3) limits the availability of treaty benefits for US citizens in France; specific pension provisions may or may not survive the savings clause depending on the plan type. Verification of applicable treaty articles is required for any specific plan.


Frequently Asked Questions

Can I still contribute to a Roth IRA while living in France?
Yes, but only if you have earned income that has not been excluded under the Foreign Earned Income Exclusion. The Roth IRA contribution limit is based on earned income not excluded under Form 2555. A US citizen in France who excludes all foreign earned income under the FEIE has no earned income remaining for Roth IRA purposes and cannot contribute. A US citizen who uses the Foreign Tax Credit instead of the FEIE retains earned income and can contribute to a Roth IRA up to the annual contribution limit, subject to the income phase-out.
Do I need to report my French employer retirement plan on my US tax return?
Yes. French employer retirement savings plans (PER collectif, PERCO, PEE) generally require reporting. Contributions by the employer may be includible in US gross income unless a treaty provision excludes them. Accumulated earnings are generally taxable to US shareholders annually, absent a treaty exemption. The plans are typically reportable as foreign financial accounts on FBAR and may be subject to Form 8938 reporting. The specific US tax treatment depends on whether the plan qualifies under applicable treaty provisions.
Is the French state pension (retraite de base) reportable on FBAR?
No. The French state pension (retraite de base, CNAV) is a benefit entitlement, not a financial account. FBAR reporting applies to financial accounts maintained at foreign financial institutions. A benefit entitlement from a government social security system does not meet this definition and is not reportable on FBAR. Under Article 18(1) of the US–France treaty, as clarified by the 2009 Protocol, French social security payments are taxable only in France regardless of whether the recipient is resident in France or the US. CNAV payments are not includible in US gross income.
Are French employer savings plans (PERCO, PER collectif) reportable on FBAR?
Generally yes. French employer-organized savings plans that hold financial assets in accounts at financial institutions are reportable as foreign financial accounts on FBAR when the aggregate value of all foreign financial accounts exceeds $10,000 at any point during the year. The exact reporting treatment depends on the structure of the specific plan. Form 8938 reporting may also apply, depending on the value of the plan and whether a treaty provision provides an exclusion.
How are 401(k) distributions taxed when I live in France?
401(k) distributions are generally includible in US gross income as ordinary income in the year distributed, regardless of where the recipient resides. As a US citizen in France, the distribution appears on Form 1040 and is subject to US income tax. Under Article 18(1) of the US–France treaty, pension distributions arising from a US retirement arrangement and paid to a French resident are taxable only in the US. France does not impose net income tax on those distributions, though under Article 24(1)(a)(i) France may take the income into account when computing the French effective rate, with a corresponding credit. The distribution should be reported on a French return even though no net French tax is due.
Can I deduct contributions to a French retirement plan on my US tax return?
No, not automatically. Contributions to French retirement plans (PER, PERCO) are not deductible on the US federal income tax return unless a specific treaty provision provides such treatment. The US-France treaty may permit some contributions to be treated in a manner analogous to IRA or 401(k) contributions for treaty-eligible individuals, but this is a complex area requiring analysis of the specific plan and treaty articles. In the absence of treaty coverage, contributions are made from after-tax income for US purposes.
Do I report my US IRA or 401(k) on FBAR while living in France?
No. IRA accounts held at US financial institutions are not foreign financial accounts and are not reportable on FBAR. FBAR applies to accounts maintained at foreign financial institutions. A US-based IRA or 401(k) held at Fidelity, Vanguard, or similar US custodians is a domestic account and does not appear on FBAR or Form 8938.

When to consult a specialist

Cross-border situations involving treaty elections, residency transitions, prior non-compliance, or business ownership typically require professional review. A qualified US–France tax specialist can assess your specific circumstances.

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Stay current on US–France tax obligations.

Deadline reminders and annual law changes, a few times a year. For US citizens in France who take their filing obligations seriously. Nothing else.