This second article follows the ESFP from the first letter to the proposed reassessment. It also explains the timing, common friction points and the rights you can activate to keep control of the process.

The notice : framing the audit

The procedure starts with a notice of ESFP setting out the years and taxes concerned and reminding you of your rights (counsel, Charter, contradictory debate). The right reflex is organisational: appoint your team (internal contact + counsel), map the requested documents, and prepare a document index (bank statements per account, per year; notarial deeds; loan contracts; portfolio statements; family agreements).

Information gathering and first contradictory exchange

The ESFP is document-driven. The administration will typically request full bank statements for the period (including “mixed” professional/personal accounts) and justifications for significant inflows/outflows (loans, gifts, dividends, asset sales, recurring transfers). In parallel, the administration may exercise third-party information rights and cross-check with domestic files and international exchanges (CRS/FATCA). A first meeting often follows to explain perceived inconsistencies and clarify what evidence is expected.

Tone matters. Clear, factual explanations and a traceable paper trail reduce suspicion and set a cooperative dynamic without forfeiting your rights.

Requests for justifications : telling the financial story

This is the core of the ESFP. Each questioned flow needs a short, chronological narrative with supporting evidence: who paid, what for, when, how it was financed and how it was taxed. Three recurrent pain points:

• Unidentified income: regular unexplained credits tend to be recharacterised as taxable.

• Family transfers: without a dated loan agreement or gift declaration, the risk of recharacterisation is high.

• Interposed companies: poorly explained bridges between corporate and personal accounts are almost always challenged.

Sensitive areas in 2025

Tax residency drives risk: claiming non-residency while keeping significant personal or economic ties in France invites reclassification, with a lookback that can reach ten years in false residency cases. Foreign accounts and structures are visible through automatic exchanges; omissions trigger specific fines and surcharges. Crypto-assets require declaration and audit-ready tracing. Finally, lifestyle vs declared income remains the matrix: real estate, tuition, travel and luxury assets must be reconcilable with declared resources.

Timing, duration and extensions

The ESFP is time-limited, but the clock can be extended in defined situations (e.g., delays linked to foreign accounts or late production of statements). Rather than “fight the clock”, manage it: request reasonable extensions when needed, deliver complete packages instead of piecemeal replies, and record what is still pending.

Proposed reassessment and next steps

If divergences remain, you will receive a proposed reassessment (motives, calculations, penalties). This opens a written contradictory phase: you may reply point-by-point, produce additional evidence, and request a meeting with the inspector or hierarchy. If the disagreement persists, the case moves to collection and, if you file a claim, to administrative and/or judicial review. Depending on the taxes and issues, advisory commissions may be involved. A deferral of payment (sursis) can be requested under conditions during the dispute.

Penalties and criminal exposure

Graduated penalties apply: 40% for deliberate understatement, 80% for fraud, 100% for concealment of the true beneficiary, plus interest and specific fines (e.g., for undeclared foreign accounts). Serious or organised cases may be referred to prosecutors. Understanding this scale helps prioritise effort, negotiate proportionate penalties, and regularise when appropriate.

Your safeguards in action

The ESFP is bounded by proportionality and contradictory rights. Make them real: respond within deadlines, keep the debate on facts and law, request meetings when useful, and use hierarchical recourse where relevant. A present, structured defence profoundly influences the tempo and outcome.

Next in the series : our practical defence guide — how to prepare your “personal tax file”, answer justification requests strategically, and reduce penalty exposure.