ARTICLE
20 December 2021

Monegasque Tax Residence Certificate: One Year Later, It's Time To Take Stock!

CP
CMS Pasquier Ciulla Marquet Pastor & Svara

Contributor

CMS Monaco is a leading law firm, providing local and international clients with a one-stop shop service for all their legal challenges, both in counselling and litigation. The firm was created in 2009 and is strongly anchored in the Monegasque market and well familiar with its dynamic economy. In 2017 the firm joined CMS, an organisation of independent law firms, composed of 80+ offices in 45+ countries, with over 6,000 lawyers worldwide, making it the only law firm in Monaco with such significant international reach. Today CMS Monaco is composed of 80+ professionals, including five partners (Avocats Associés Monégasques) and over 50 associates, experts in Monegasque law. The firm is structured around seven practice groups: Private Clients, Business Law, Real Estate & Construction, Employment, Banking & Finance, Tax and Criminal law. The teams regularly work together on complex cross-practice cases with high stakes for a large variety of Monegasque and international clients, such as companies of various sect
The conditions for obtaining a tax residence certificate were specified by Sovereign Ordinance N. 8.372 of November 26th, 2020 amending Sovereign Ordinance N. 8.566.
Monaco Tax

Co-authored by Alizée FIGARO

The conditions for obtaining a tax residence certificate were specified by Sovereign Ordinance N. 8.372 of November 26th, 2020 amending Sovereign Ordinance N. 8.566.

One year later, we propose to take stock of these conditions.

The conditions for obtaining a certificate of residence for the purpose of carrying out a tax formality differ depending on whether the person wishing to obtain it is a Monegasque or a foreign national.

A person of Monegasque nationality is required to produce one or more documents proving his or her identity and residence in the Principality.

A person of foreign nationality must establish that he/she holds a valid residence permit, declare on his/her honour that he/she fulfils one of the tax residence criteria detailed in article 3 of Ordinance N. 8.566, justify that he/she occupies a dwelling in Monaco, provide proof of his/her residence in Monaco over the past year and provide any other documents that may be requested by the Administration.

In practice, the proof of residence  that must be provided to obtain this certificate of residence for tax purposes deserves special attention, especially if you have a secondary residence in a neighbouring town.

In the case mentioned just above, we note that the Monegasque Administration generally wishes to obtain additional documents to ensure that the applicant's actual residence is not located in a neighbouring town.

In such a situation, the Administration have requested documents such as electricity bills for a dwelling designated as a secondary residence by the applicants, or bank statements from the applicants.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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