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  4. How to Count Your Telework Days as a Frontalier: the 40% Tax Rule vs the 49.9% Social-Security Rule
How to Count Your Telework Days as a Frontalier: the 40% Tax Rule vs the 49.9% Social-Security Rule
This article is also available in French.
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Franco-Swiss cross-border series

  • Quasi-resident tax status
  • Frontalier unemployment benefits
  • Frontalier family allowances
  • Frontalier teleworking: the 40% rule
  • Net Frontalier: the free app
  • Permit G: the complete guide
  • LAMal vs CMU: which health cover?
  • Swiss 2nd pillar LPP for frontaliers
  • Paying tax in the wrong country
  • Geneva region: salaries, taxes, housing
  • 2024–2025 cross-border earthquake
  • 2025 cross-border shake-up: what changes
  • Frontalier guide: tax, health, permit G

How to Count Your Telework Days as a Frontalier: the 40% Tax Rule vs the 49.9% Social-Security Rule

Published 5 August 2026

Every France–Switzerland frontalier who works from home now lives with two numbers: 40% and 49.9%. They look interchangeable. They are not. The 40% ceiling comes from the Franco-Swiss tax avenant signed on 27 June 2023 and decides which country taxes your salary from 1 January 2026. The 49.9% ceiling comes from the EU/EFTA social-security framework agreement in force since 1 July 2023 and decides which country's social system you contribute to. Two legal instruments, two reference bases, two sets of consequences — and one shared practical problem: you can only show you are under either line if you actually count your days. This guide is the counting how-to: what goes into each count, how mission days are treated, and a simple monthly method that holds up if anyone asks. It is general information drawn from official French, Swiss and EU sources — not personalised tax or legal advice — and for anything specific to your canton or contract it points you to the competent bodies.

Key facts

  • 40% of annual working time is the tax ceiling — set by the avenant to the Franco-Swiss tax convention signed on 27 June 2023, in force since 24 July 2025 and applicable from 1 January 2026 (sources: sif.admin.ch and décret n° 2025-838 on Légifrance).
  • Up to 10 mission days a year sit inside the telework allowance — décret n° 2025-838 counts temporary assignments as telework « pour autant que leur durée cumulée n'excède pas 10 jours par année ».
  • Less than 50% — conventionally capped at 49.9% — is the social-security ceiling, under the EU/EFTA framework agreement on habitual cross-border telework in force since 1 July 2023 (source: cleiss.fr).
  • Two different rules, two different counts. The 40% is measured against annual working time and moves taxation; the 49.9% is measured against total working time and moves social-security affiliation — staying under one does not formally prove you are under the other.
  • The A1 certificate goes through your employer — under the framework agreement the employer requests it as a derogation based on Article 16 of Regulation (EC) 883/2004; the standard route covers salaried workers with a single (Swiss) employer whose only activity in France is telework.
  • Count worked days, tally monthly, log mission days separately. That part is method, not law — and every figure in this article is information to verify at the source, not advice.

Two ceilings, two rulebooks: why one count is never enough

The most common counting mistake is keeping a single number for two different rules. Put side by side, the differences are structural, not cosmetic:

Aspect40% — tax49.9% — social security
---------
Legal instrumentAvenant of 27 June 2023 to the Franco-Swiss tax conventionEU/EFTA framework agreement on habitual cross-border telework
TimelineSigned 27 June 2023, in force 24 July 2025, applicable from 1 January 2026In force since 1 July 2023
Reference baseShare of annual working timeShare of total working time, which must stay below 50%
What it decidesWhich country taxes your salaryWhich country's social security you contribute to
Paper trailYour own telework count and employer attestationsAn A1 certificate requested by your employer

The Swiss State Secretariat for International Finance sets out the tax side on sif.admin.ch; France published the avenant through décret n° 2025-838; the social-security framework is documented by the CLEISS. Because the ceilings come from separate instruments, staying under one does not formally establish anything about the other. In practice, though, 40% is the lower bar: a year planned around the tax ceiling also lands inside the social-security one.

What goes into the 40% tax count

The tax rule is expressed as a share of annual working time — not calendar days, not weeks. Within that envelope:

  • Every day teleworked from your home in France counts. Up to 40% of your annual working time can be performed there while your salary remains taxed as if you had worked on Swiss soil — that is the whole point of the avenant, in force since 24 July 2025 and applicable to income years from 1 January 2026 (sif.admin.ch).
  • Temporary missions ride inside the same envelope, up to 10 days a year. The French publication text, décret n° 2025-838, counts temporary assignments in the residence state or a third state as telework « pour autant que leur durée cumulée n'excède pas 10 jours par année » — for as long as their cumulative duration does not exceed 10 days per year. Client visits, training days and conferences outside Switzerland belong in this sub-count.
  • The denominator is your own annual working time. A full-time schedule and an 80% contract produce different day equivalents for the same 40%, so anchor the count to your contracted hours rather than a generic "two days a week".

What the 40% does in your specific canton — Geneva's source taxation versus the 1983-accord cantons — is a regime question, not a counting question; the reference list of conventions on impots.gouv.fr and your cantonal tax administration are the places to check it.

What goes into the 49.9% social-security count

The social-security ceiling answers a different question: how much cross-border telework can you do without your affiliation switching from Switzerland to France? Since 1 July 2023, the EU/EFTA framework agreement on habitual cross-border telework — which both France and Switzerland have signed — allows telework in the residence state up to just under 50% of total working time (49.9% by convention) while keeping the worker affiliated in the employer's state.

The mechanics differ from the tax rule in one important way: this is not something you claim on a return. The agreement works as a standing derogation under Article 16 of Regulation (EC) 883/2004, and it is your employer who requests the corresponding A1 certificate attesting that Swiss legislation continues to apply to you. The standard route documented by the CLEISS covers the simple case: a salaried worker, a single Swiss employer, and telework as the only activity carried out from France. Anything outside that pattern — several employers in different states, self-employment on the side, a second activity in France — falls outside the standard route, and the right desks for it are the CLEISS on the French side and your employer's caisse de compensation on the Swiss side.

For your count, the consequence is simple: the 49.9% is measured against your total working time, so the same day log you keep for the tax rule gives you this percentage too — you are just reading it against a different line.

Same days, different maths: where the two counts diverge

One day log, two readings — but do not let the shared log blur the rules, because they diverge exactly where it gets expensive:

  • A 45% telework year is comfortably inside the social-security ceiling and clearly over the tax one. The reverse cannot happen: 40% is always the binding line.
  • Mission days have a defined place in the tax count — inside the 40%, capped at 10 per year by décret n° 2025-838 — while their treatment in the social-security count depends on your overall pattern of activity; if missions are a regular feature of your job, ask the CLEISS or your employer's caisse rather than assuming.
  • The consequences differ in kind. Crossing 40% changes where salary is taxed; crossing 49.9% changes which system you contribute to — different administrations, different paperwork, different money.

This article deliberately stays on the counting question. For the tax agreement itself — the cantonal regimes, the 2027 automatic data exchange, what actually happens when you cross the line — read our dedicated guide to the 40% telework tax rule.

A counting method that holds up

Neither text prescribes a bookkeeping format, so what follows is method, not law — a way to keep numbers you can defend.

  1. Count worked days, not calendar days. Leave, public holidays and sick days are not working time: they belong in neither the numerator nor the denominator. A morning at home and an afternoon in the office is 0.5 telework day.
  2. Keep three columns, not one: days worked in Switzerland; days teleworked from France; mission days outside Switzerland. Mission days get their own column precisely because they carry their own 10-day sub-limit in the tax count.
  3. Tally monthly. A December reconstruction from memory convinces nobody. A dozen month-end totals, kept as you go, reads like a record.
  4. Compute both rates from the same log. Telework days (plus mission days within the allowance) divided by total worked days, read once against 40% and once against 49.9%.
  5. Attach evidence as you go: calendar exports, badge or transport records, and the telework schedule agreed with your employer. Your employer's HR definition of your annual working time is the official denominator — align your count with it once, in writing.

None of this is legally required. All of it is what makes the difference between asserting your rate and being able to show it.

A worked example — illustrative arithmetic only

Take a full-time frontalier who, after leave and public holidays, works 220 days in the year. The arithmetic — and it is only arithmetic, since the official reference is your own contractual working time:

  • 40% tax ceiling: 0.40 × 220 = 88 days. Two telework days a week for 44 working weeks uses exactly that.
  • 10 mission days inside it: a year with 8 mission days leaves at most 80 ordinary telework days under the tax ceiling.
  • 49.9% social-security ceiling: just under 110 days — roughly 109 days on this schedule. The 21-day gap between the two ceilings is the zone where your tax position moves while your social security does not.
  • A buffer is cheap insurance. Aiming around 35% (~77 days here) absorbs an unplanned week at home without drama.

Run the same arithmetic on your own contracted days — an 80% contract, a mid-year start or a long sick leave all shift the day equivalents, which is exactly why the monthly tally matters more than any rule of thumb.

Near a line? Route it to the right desk — and keep the log running

The counting method above tells you where you stand. What crossing a line means for you personally — canton by canton, contract by contract — is a question for the institutions, not for a blog:

  • Tax: your cantonal tax administration on the Swiss side and your French tax office; the convention texts are indexed on impots.gouv.fr.
  • Social security and the A1: your employer first, then the CLEISS on the French side.
  • Employer policy: many Swiss employers now fix a contractual telework cap and ask for periodic attestations — your HR department's count and yours should never diverge by more than a conversation.

And if you would rather not run the tally by hand: AdminLanding's free frontalier telework tracker keeps the day log, the monthly totals, the separate mission-day count and your running annual percentage in one place — built around the 40% and 49.9% ceilings described here.

Frequently Asked Questions

Are the 40% and 49.9% thresholds counted the same way?

No. They come from two different legal instruments with different reference bases and different consequences. The 40% tax ceiling from the Franco-Swiss avenant is a share of your annual working time and decides which country taxes your salary; the 49.9% social-security ceiling from the EU/EFTA framework agreement is a share of your total working time and decides which country's system you contribute to. One day log can feed both counts, but read it against each line separately — and plan your year around 40%, the lower of the two.

Do business trips and missions count as telework days?

In the tax count, yes, within a limit: décret n° 2025-838 treats temporary missions carried out in France or a third country as telework for as long as their cumulative duration does not exceed 10 days per year, and those days sit inside the 40% envelope. Log them in a separate column so you can see both the 10-day sub-limit and the overall ceiling. Beyond 10 cumulative days, the ordinary rules of the tax convention apply to the excess days.

Who applies for the A1 certificate — me or my employer?

Your employer. Under the EU/EFTA framework agreement, the A1 is requested by the employer as a derogation based on Article 16 of Regulation (EC) 883/2004, attesting that Swiss legislation continues to apply while you telework from France below the 50% line. The standard route covers salaried workers with a single Swiss employer whose only activity in France is telework; if your situation is more complex, check it with the CLEISS before assuming the agreement covers you.

Should I count calendar days or worked days?

Worked days. Both ceilings are expressed as shares of working time, so leave, public holidays and sick days belong in neither the numerator nor the denominator, and a half-day at home counts as 0.5. The official denominator is your own annual working time as defined by your contract, so confirm that figure with your employer once and keep your log consistent with it. That is a counting method, not a legal prescription — the texts set the ceilings, not the bookkeeping.

What should I do if I am about to cross one of the thresholds?

Treat it as a routing question, not a guessing question. If the 40% tax ceiling is at risk, talk to your employer and check your position with your cantonal tax administration and your French tax office. If your telework share is heading towards 50%, raise it with your employer immediately, since the A1 arrangement they requested assumes you stay below that line, and direct questions to the CLEISS on the French side. The consequences of the two lines are different in kind, so do not extrapolate from one to the other.

Since when do these rules apply?

The social-security framework agreement has applied since 1 July 2023. The tax avenant was signed on 27 June 2023, entered into force on 24 July 2025, and its 40% telework rule applies to income years from 1 January 2026 — with France publishing the text by décret n° 2025-838. If you are reconstructing past years, be careful: transitional arrangements bridged 2023–2025 on the tax side, and those years should be checked against official guidance rather than today's rule.

Stay updated

For more practical insights on this topic, explore our related articles:

  • Ending a nanny or cleaner contract in France: the 13 documents, who writes which, and what CESU still does for you
  • Working for a family in France: your rights when the contract ends (nanny, carer, cleaner, assistant maternel)
  • Ending your nanny's or cleaner's contract in France: notice, indemnity and the CESU documents (CCN 3239)
  • Teleworking rules for France–Switzerland cross-border workers: the 40% telework tax agreement

App by AdminLanding

Net Frontalier — your France-Switzerland cross-border calculator

Estimate your take-home pay as a France-Switzerland cross-border worker, compare LAMal vs CMU health insurance, and check your tax situation. Free on iPhone and Android.

Get Net Frontalier — free app

Conclusion: Two ceilings, one discipline. The 40% tax rule and the 49.9% social-security rule are different instruments with different denominators and different consequences — but they are both, in the end, questions your day log answers. Count worked days, keep mission days in their own column, tally monthly, and read the same log against both lines with a margin to spare. For anything beyond the count — canton specifics, a crossed threshold, an unusual employment setup — go to the official sources and the competent bodies named above. This is information, not personalised advice; the log is yours to keep either way.

Net Frontalier — your France-Switzerland cross-border calculator

App by AdminLanding

Net Frontalier — your France-Switzerland cross-border calculator

Estimate your take-home pay as a France-Switzerland cross-border worker, compare LAMal vs CMU health insurance, and check your tax situation. Free on iPhone and Android.

Get Net Frontalier — free app→

About the author:

Julien Maurice is the founder of AdminLanding and writes ExpatAdminHub, the editorial companion covering French administrative procedures for expats, landlords and cross-border workers. Contact: [email protected]

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