A - TAXABLE CAPITAL GAINS
All built or not built estates located in France held by :
- natural persons residing or not in France. (for non French resident, more information here);
- partnership companies;
- investment trusts in real estate,
are taxable when they are made through transfers against payment (sale, exchange, contribution, expropriation).
B - TAX EXEMPTIONS
Some transfers benefit from a tax exemption :
1 - Main home
Capital gains made on the transfer of a main residence and its outbuildings (on the date of the transfer) are totally exempted. In the case of a multi-purpose building, of a bare ownership, of an usufruct or any other right reduction, the exemption will apply in proportion to the rights.
Sales below €15,000 (value in full ownership) are exempted from capital gains.
Elderly or disabled persons who do not pay wealth tax and whose annual threshold is below a certain amount (depending on the household considered for tax purposes) are exempted from capital gains.
In case of the sale of a building partialy or totally stricken, the insurance benefit is not taken into account for the assessment of the capital gains.
D - DECLARATION & PAYMENT OF THE CAPITAL GAINS TAX
The tax has to be paid when signing the transfer with the notary. For a French tax resident, the tax rate is 19% from October 1st 2011, to which social charges of 13,5% have to be added ; the total being 31,3%.
The tax has to be declared on form 2048 IMM and paid to the registrer of mortgages. In practise, the notary will deal with the declaration and the payment of the tax.
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