For 2 and a half years, he tattooed without having declared himself to the URSSAF and the ARS

Ln November 6, 2023, Willy went to the Bourg-Saint-Maurice gendarmerie to file a complaint against his former partner whom he suspects of having stolen property from him. As the interview ends with the agent, Willy claims to be a tattoo artist. Nevertheless, Willy’s attitude calls out to the gendarme, who decides to carry out research and discovers that the man is not registered with any organization for his activity. A search is carried out at Willy’s home, where cellophane paper and a briefcase containing a tattoo machine are found. Having carried out his activity on French soil without being declared for 2 and a half years and practicing his profession for 23 years, the amount that the URSSAF should have received is estimated at €150,000. Willy is also accused of not having carried out his activity according to the hygiene standards in force, in particular by tattooing in a residential place, by not respecting the recommended waste management, in particular needles which were thrown in the bins, the absence of display on the risks incurred and the absence of declaration to the Regional Health Agency (ARS). Some of Willy’s clients claim to have been tattooed at his home even though the accommodation was “dirty”.

“I don’t declare, I don’t want to pay taxes for nothing”

Present at the hearing Willy explains: “When I was in France, I was registered as a self-employed person, but I went abroad. I have worked in various countries as a tattoo artist at events or in salons as a guest. When I returned to France, I did not check if I was still registered and the paperwork is taking my mind. I sometimes tattoo at home. People paid me in cash or made transfers to me. I have not paid contributions but at the same time, for me, there is no justification for tax in France because there is no service behind it. There is nothing dangerous about tattooing and I am trained for it”.

A representative of the ARS also intervenes: “Needle management poses a problem because of the risk of infection to the extent that we directly touch the inside of the body. There is a risk of disease transmission, hence restrictive regulations. Tattooing also requires a mandatory declaration to our services, where the tattooist provides us with his contact details, his training certificate, as well as the geographical location of his premises. It is possible to do a temporary activity while traveling at an event for a maximum of 5 days. Also, there is a risk of infection linked to the inks”.

The prosecutor requests a 4-month suspended sentence, a €10,000 fine, €150 for the 4 5th class fines and a ban on practicing as a tattoo artist for 5 years on French territory: “The role of URSSAF contributions is to finance social benefits. Administrative phobia is not a cause of criminal irresponsibility. Any liberal activity must be declared in France. If for the moment URSSAF does not claim the amount due, it does not mean that it will not return it at some point. »

Willy is sentenced to 4 months suspended prison sentence, a €2,000 fine and to pay a €250 fine for each of the 4 infractions.

*First names have been changed.