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Tax representation · Non-residents
Tax representation
real estate
You are a non-resident and you are selling a property located in France, or shares in a French real estate company (SCI)? You most likely have to appoint a tax representative.
Fees
0.60% excl. VAT
of the sale price
✓ Free quote · Reply within 48 hours
150 000€
Sale price threshold for an individual
30years
Holding period below which the obligation applies
19%
Income tax on the capital gain
4years
Your file defended from the date of sale
You are a non-resident and you are selling a property located in France.
When you make a capital gain on property that is taxable in France, you must appoint a tax representative accredited by the French tax authorities (French Tax Code, article 244 bis A).
Since 1 January 2015, only non-residents from countries outside the European Union are subject to this obligation (except Iceland and Norway).
We can assist you as your tax representative.
Our fees are 0.60% excl. VAT of the sale price.
When do you make a real estate capital gain?
You make a real estate capital gain when you sell a property located in France (whether land or a building) or rights relating to such property (usufruct, bare ownership, right to build upwards, etc.) (French Tax Code, article 150 U).
The real estate capital gains tax regime also applies when:
- you sell shares in a company whose assets are mainly real estate, whatever its legal form or tax regime (income tax or corporate tax) (French Tax Code, art. 150 UB);
- you are a partner in a partnership subject to income tax in the property income category (mainly a French property company, “SCI”), up to your share of the company’s results, when it sells a property located in France or rights relating to such a property (French Tax Code, art. 150 U).
Do you have to appoint a tax representative?
If you are a non-resident of France on the day of the sale, French law requires you to appoint a tax representative in order to complete your sale if you are domiciled or established outside the European Union, Iceland and Norway (French Tax Code, Annex II, art. 171 quater).
| Seller’s situation | Tax representative obligation |
|---|---|
| Non-resident individual | Mandatory if the price exceeds €150,000 and the holding period is under 30 years |
| Foreign company or entity | Mandatory in all cases |
| French SCI with individual partners | Mandatory if the non-residents’ share exceeds €150,000 |
What is the tax representative’s mission?
In compliance with the tax rules, ILIADE, your tax representative, determines the taxable capital gain arising from the sale of your property and the tax due to the French Treasury:
- income tax at 19%,
- social security contributions (CSG, CRDS, social levy and additional levy), whose rate depends on your country: 7.5% for residents of the European Economic Area (27 EU member states + Iceland + Norway), United Kingdom and Switzerland, 17.2% in other cases,
- 3% tax on the market value of the property for certain legal entities,
- in some cases, tax on land that has become buildable.
ILIADE prepares and signs your capital gains tax return (form 2048-IMM, 2048-TAB or 2048-M). Additional returns may be filed depending on the situation.
As guarantor of the accuracy of your return, ILIADE undertakes towards the French State to pay the tax and the related penalties if the tax authorities challenge it.
How does your tax representative step in?
As soon as the preliminary sales agreement is signed, on the advice of your notary or lawyer, we will take charge of your file.
To find out which supporting documents are needed to process your file: contact us.
Our fees are calculated on the sale price of your property and paid at the signing of the sale. They are deductible when calculating your taxable capital gain.
At what rate will the real estate capital gain be taxed?
For transactions carried out since 1 January 2018, the rates are as follows:
| Seller | Rate |
|---|---|
| Individual affiliated to the EEA / UK / Switzerland | 26.5% |
| Individual, non-EU country | 36.2% |
| Partnership, individual partner | 26.5% or 36.2% |
| Partnership, corporate partner | corporate tax rate |
| Other legal entity | corporate tax rate |
Since 1 January 2013, an additional tax has been due by individuals when the capital gain exceeds €50,000. Its rate is between 2% and 6% of the capital gain.
Selling a property in France?
0.60% excl. VAT
of the sale price
- Free quote and first calculation
- Reply within 48 hours
- With your notary or lawyer
- Your file defended for 4 years
How we work
Your file,
step by step.
Preliminary sales agreement signed
As soon as the preliminary sales agreement is signed, on the advice of your notary or lawyer, you contact us.
Your file
You send us the form and the supporting documents requested.
Quote and calculation
We send you a quote and a calculation of the tax due.
Signing of the sale
We send the capital gain return, filed with the deed of sale.
Your obligations
Are you concerned?
Check in a few clicks.
Answer the questions: you will immediately see whether you must appoint a tax representative, file a capital gain return and at what rate you will be taxed.
1The seller is
2The seller lives in
3Sale price of your share
The €150,000 threshold applies to each seller; a married or PACS couple counts as one seller.
4The property has been held for
5The sale results in
Indicative result, based on the general rules applicable to non-residents (French Tax Code, art. 150 U, 244 bis A and Annex II, art. 171 quater). Your exact situation is checked when we prepare your free quote.
Excluding the additional tax on real estate capital gains above €50,000. A higher rate applies to residents of a non-cooperative State or territory: please contact us.
Selling a property in France?
Send us your file
as soon as the agreement is signed.
Free, no-obligation quote · Reply within 48 hours.
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