French jurist
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In fact the 183 days rule which applies to many countries is a bit relative, at least in France, and it's not well known unless you study fiscal law a bit.
Reason is (applies to France only, but surely applies to a few other countries) that the French IRS managed to consider people living abroad +183 days as being nevertheless French residents.
This was decided by the Conseil d'Etat (highest Administrative Court in France) considering that the 183 days rule was just part of the solution when it comes to decide whether someone is resident or not.
In this particular case emerged the notion of familial/job/economical interests : if someone lives outside of France +183 days but has all his family and/or main business and/or -whatever- in France, then he would be considered, no matter what, as a French resident.
And since decisions from such a High Administrative Court have a "legal weight", then bad surprises can arise.
Of course, the usual other stuff (bilateral Conventions) are to be considered as well.
Law & Justice can be fun at times when dealing with international conflicts, such as in the "International Private Law" field.
Example 1 : a Greek marries a Mexican in Canada and they both live in Australia, which legal system should apply to their marriage ?
Example 2 : a polygamist with 3 wives lives in France (French Law applies). How can the fidelity obligation apply in this case ?! (answer = abstinence ! really !)
Reason is (applies to France only, but surely applies to a few other countries) that the French IRS managed to consider people living abroad +183 days as being nevertheless French residents.
This was decided by the Conseil d'Etat (highest Administrative Court in France) considering that the 183 days rule was just part of the solution when it comes to decide whether someone is resident or not.
In this particular case emerged the notion of familial/job/economical interests : if someone lives outside of France +183 days but has all his family and/or main business and/or -whatever- in France, then he would be considered, no matter what, as a French resident.
And since decisions from such a High Administrative Court have a "legal weight", then bad surprises can arise.
Of course, the usual other stuff (bilateral Conventions) are to be considered as well.
Law & Justice can be fun at times when dealing with international conflicts, such as in the "International Private Law" field.
Example 1 : a Greek marries a Mexican in Canada and they both live in Australia, which legal system should apply to their marriage ?
Example 2 : a polygamist with 3 wives lives in France (French Law applies). How can the fidelity obligation apply in this case ?! (answer = abstinence ! really !)
