INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie

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INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie
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        Roche & Cie
        Chartered Accountants Since 1948
     Specialists in Property for Non-Residents

INVESTING IN FRANCE
   PROPERTY TAXATION 2018

         www.cabinet-roche.com                   www.cabinet-roche.com
INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie
Roche & Cie
Specialists in property for non-residents,
Roche & Cie will assist you
in the purchase/resale and annual fiscal monitoring
of your second home in France.

• Preliminary study for a purchase or rental of a property
• Legal framework
• Accounting and preparation of tax declarations

Please do not hesitate to contact us
for further information.

                                       Roche & Cie
                                       40 rue du Pdt Édouard Herriot
                                       BP 1222
                                       69202 Lyon Cedex 01
                                       +33 (0) 4 78 27 43 06
                                       +33 (0) 4 78 27 00 95
                                       rochecie@cabinet-roche.com

    Roche & Cie
INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie
Property
in France
Taxation        France is one of the finest destinations for
                tourism and property investment for non-

and Practical   residents. However, taxation, administrative
                and legal constraints are all areas of concern

Advice
                for foreign investors.

                At Roche & Cie, our philosophy is to assist
                you at every stage of your project, in order
                that your investment in France combines
                legal security, optimisation and pleasure.

                Sandy Dalmas
                Associate

                                      www.cabinet-roche.com
INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie
Purchasing a property
in France
                 SIGNING
                 THE EXCHANGE
                 OF CONTRACTS
                 Payment
                 of 5 to 10%
                 of the purchase
                 price.
   OFFER TO
   PURCHASE

                   10 DAY          SECURING OF        + /- 2 MONTHS
             CANCELLATION          A MORTGAGE,        > NOTARISED
                   PERIOD           IF REQUIRED   SIGNATURE OF THE
  The purchaser has the right
                                                      DEED OF SALE
to annul the purchase without                        In the presence
    paying any compensation.                              of a notary.
                                                      Payment of the
                                                      purchase price
                                                         and handing
                                                        over of keys.
   Roche & Cie
INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie
Only the purchaser is liable
         for the notary fees.   Example
The purchaser also pays for
      the registration costs.   Purchase of an
    Total costs represent       existing property
        approximately 7%        with a value of
   of the purchase price.       €2,000,000

                                Notary fees of
                                approximately
                                €18,000

                                Taxes of
                                approximately €122,000

       Breakdown of costs

                                                    6.1%
0.9%                                                Registration costs and
                                                    miscellaneous fees
 Notary

                                                    www.cabinet-roche.com
INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie
Local taxes
In France, there are essentially two local taxes
called ‘taxe d’habitation’ (residence tax) and ‘taxe
foncière’ (property tax).

   Good to know:
   You receive your tax notification directly
   by post.
   You also have the possibility to pay and
   receive this information on-line:
   www.impots.gouv.fr

          Property                                        Residence
          tax                                             tax
This tax is due each year by the owners         This tax applies to all housing (principal
of a built or unbuilt property (dwellings,      and secondary residences) and all occu-
industrial and commercial premises,             pants (owners or tenants).
land etc.).
                                                This tax is calculated directly by the tax
The property tax is calculated by the           authorities in relation to the location of
tax authorities in relation to the notional     the occupant on 1st January of the tax
‘cadastral’ rental value of the property        year. The amount due is calculated by
and the rate determined by the local            multiplying the net rental value of the
authorities.                                    real property by the tax rate determined
                                                by the regional authorities.

      Payment deadline:
      MID-OCTOBER                                      Payment deadline:
                                                       MID-NOVEMBER

      Roche & Cie
INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie
Taxation
of rental income
(seasonal rentals)

                FLAT-RATE PLAN                               ACTUAL PLAN

                                                             Rent > €70,000/year
CRITERIA        Rent < €70,000/year
                                                             Or optional

                                                             Deduction of actual costs and
                Application of a 50%* lump-sum               expenses: water, electricity,
DETERMINATION   allowance on charges.                        insurance, service/management
OF TAXABLE      * The leasing of classified holiday
                                                             charges, maintenance and repair
BENEFITS        furnished properties benefit from lump-sum   costs, interest on borrowing,
                allowance of 71% (if rentals
INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie
I.F. I*: Real Estate Wealth Tax
(*Impôt sur la Fortune Immobilière)

Who is liable for this
tax ?
You are liable for the IFI when the net value
of your real estate wealth is greater than 1.3
million euros.

Taxable assets
                                                       « ln fine « loans (single amor-
All built and unbuilt properties (building land,
                                                       tization at the end of the loan)
agricultural land, ... ), real estate assets, shares   They become partially deductible.
of real estate companies.                              The debt is reduced by a prorated
Principal/main residence: (If the tax residence is     amount taking into account the
                                                       number of years spent on the total
in France), 30% allowance.                             number of years of the loan (thus
                                                       creating a gradual depreciation

Deductible liabilities
                                                       and therefore a reduction of the
                                                       deductible debt).

                                                       Debts contracted in the family
Since the last Finance Act, only certain debts         circle
                                                       These debts are not deductible
are deductible.                                        (unless they are contracted from
                                                       ascendants/descendants, brother/
   GENERAL RULE: are deductible the debts              sister and only IF the persan liable
   existing on January 1 of the taxation year          justifies the normal nature of the
   and which are related to the acquisition            loan conditions)
   of the property, the expenses of repairs,           Limitation beyond 5 million euros
   maintenance, construction, reconstruction or        of assets
   enlargement.                                        When the total value of the taxable
                                                       assets exceeds 5 million euros, and
   TAX DEBTS: only those related to the                the amounts of debt admitted for
                                                       deduction exceeds 60% of this value,
   taxable properties                                  the portion exceeding the 60% is
                                                       only deductible for half its value.
   LOANS AND BANK DEBTS

      Roche & Cie
INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie
Rate (effective on 1st January 2018)

  FRACTION OF THE NET TAXABLE VALUE OF WEALTH                   APPLICABLE RATE

  Up to €800,000                                                0%

  From €800,000 to €1.3 million (inclusive)                     0.5%

  From €1.3 million to €2.57 million (inclusive)                0.7%

  From €2.57 million to €5 million (inclusive)                  1.0%

  Between €5 million and €10 million (inclusive)                1.25%

  Above €10 million                                             1.5%

     Facts relevant
     to non-residents
     Non-residents are only taxed on their real estate
     located in France.

     In addition, foreign citizens settling in France benefit
     from an exemption on their property abroad up to the
     end of the 5th year following their move to France.

                                                                www.cabinet-roche.com
INVESTING IN FRANCE Roche & Cie - PROPERTY TAXATION 2018 - Cabinet Roche & Cie
Capital Gains on Property
  Capital gains tax on property is determined as follows:

                   PRICE OF SALE – PURCHASE PRICE* = NET CAPITAL GAIN

  The net capital gain is determined after the deduction of allowances for the holding
  period, in accordance with the table below.

                                    Rate of allowances applicable in each year of ownership
     PERIOD HELD
                                    Income tax base                Base for social security
                                    + additional tax               contributions

     Less than 6 years              0%                             0%

     From 6th to 21st year          6%                             1.65%

     End of 22nd year               4%                             1.6%

     Beyond 22nd year               Exempt                         9%

     Beyond 30th year               Exempt                         Exempt

         The tax rates are as follows: 19% for income tax
         + additional surcharge of 2 to 6% + social security contributions of 17.2%

* The purchase price may be increased
  by the following amounts:
  • Purchase costs (actual amount or a
    flat-rate of 7.5% of the purchase price).
  • Actual amount spent on construction,
    reconstruction or expansion; or if the
    property has been owned for more than
    5 years, there is a possible option for a
    flat-rate of 15% of the purchase price.
          Roche & Cie
Inheritance in France
Transferring your assets                        Inheritance taxation
Are you subject to French civil law?            The transfer of your estate is subject to
(law of inheritance)                            French tax if:
Applicable law = Civil law of the               • Your last place of residence was in
deceased’s last residence                       France.
EXCEPT IF: He/she has provided in               • Your assets are located in France.
a will that the applicable law should be
                                                • Your heirs/beneficiaries have resided
that of the country of his/her nationality.
                                                in France for at least 6 years during the
French law provides that it is not
                                                10 years preceding the transfer in the
possible to disinherit one’s children
                                                absence of a taxation treaty.
(principle of the ‘réserve héréditaire’/
family inheritance allocation).

                                                                          SPOUSE
                                     EXEMPTED

                                                             CHILDREN
                                                             €100,000 allowance per
                                                             child, every 15 years

Rate (differs according to relationship)

   GIFT TAX FOR DIRECT INHERITANCE

   TAXABLE AMOUNT AFTER ALLOWANCES                             TAX RATE

   Less that €8,072                                            5%

   Between €8,072 and €12,109                                  10%

   Between €12,109 and €15,932                                 15%

   Between €15,932 and €552,324                                20%

   Between €552,324 and €902,838                               30%

   Between €902,838 and €1,805,677                             40%

   Above €1,805,677                                            45%

                                                                     www.cabinet-roche.com
Practical advice
              Health and Sickness Insurance
              Resident of a country in the European Union
              and Switzerland:
              You will be insured in the same way that you are in your
              country of origin. This will in turn qualify you for a European
              health insurance card.

              Any non-European Union citizen:
              You are legally obliged to take out private insurance to cover
              your medical and hospital expenses.

              Visas
              Do I need a visa to go to France?

              I am a citizen of the European Union, from the European
              Economic Area, from Switzerland or Monaco: No

              I am a citizen of another country:
              Short stays (-90 days): Mandatory visa*
              Long stays (+90 days): Mandatory visa

              *except for certain countries (Australia, Canada, United
              States, Japan etc.)

              To obtain a visa for France, you must contact the visa
              office of the French embassy or consulate in your
              country of origin.

              Driving License
              License from the European Union: Valid
              License outside the European Union:
              Valid only for short stays (
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