BOFiP narrows ACPR/AMF relief for late AEOI filings to tolerance cases

Financial institutions that file late the declaration of Article 1649 AC of the Code général des impôts or the list of account holders of Article L. 102 AG of the Livre des procédures fiscales face flat-rate tax fines.Impots Under Article 1736(I)(5), late filing of the Article 1649 AC declaration draws a fine of 200 euros per omitted accountImpots, and under Article 1729 C bis, late filing of the Article L. 102 AG holder list draws a fine of 200 euros per omitted holderImpots. Both fines are inapplicable where the holder must self-certify United States citizenship or tax residence, under the second paragraph of Article L. 102 AG.Impots

The revised §10 of BOI-CF-INF-10-40-80 narrows the relief previously available where the late filing followed a supervisory control.Impots The prior wording stated that the fines were not applicable where the late filing followed a control by the Autorité de contrôle prudentiel et de résolution (ACPR) or the Autorité des marchés financiers (AMF) under Article L. 612-1(II)(7°) and Article L. 621-20-6 of the Code monétaire et financier.Impots The new wording grants only a toleranceImpots: it is accepted (il est admis) that the fines are not applied where a spontaneous late filing follows such a control and that control itself led to an administrative fineImpots. The text adds that the administrative fine and the tax fine are of distinct natures and are therefore not subject to the non bis in idem principle, and points to BOI-INT-AEA-20-50 (I-A §10 et seq. for the controls; II-A-1 §90 for the administrative sanctions).

A worked example illustrates the tolerance. An institution controlled by the ACPR is fined for breaching some of its obligations, then files a corrective Article L. 102 AG holder list out of time to regularise. Although in principle liable for the Article 1729 C bis late-filing fine, the corrective filing follows the ACPR control that produced the administrative fine, so as a tolerance measure the tax fine is not applied.

The account-holder side is unchanged in amount. Under Article 1740 C, an account holder's failure to supply the information of Article 1649 AC(II) draws a fine of up to 1,500 eurosImpots, again inapplicable for United States self-certifiers. The tax administration accompanies that fine with an express request to supply the information to the institution that reported the failure under Article L. 102 AG, and institutions may note a client's regularisation in their next declaration. Separately, platform operators breaching Articles 1649 ter A or 1649 ter D(I or III) face a flat fine of up to 50,000 euros under Article 1736(XI).

The companion note ACTU-2026-00167 of 28 October 2026 publishes this articulation, and the revised commentary carries that date as its linked actualité. Institutions supervised by the ACPR or the AMF should therefore treat post-control corrective filings as tolerance cases rather than exemptionsImpotsImpots, and document that the spontaneous filing follows a control that drew an administrative sanctionImpots. Legal basis: CGI, Articles 1649 AC, 1729 C bis, 1736 and 1740 C; LPF, Article L. 102 AG; CoMoFi, Articles L. 612-1 and L. 621-20-6; BOFiP BOI-CF-INF-10-40-80 §10 with BOI-INT-AEA-20-50.