CONTEXT

Taxpayers domiciled or established outside France who carry out transfers for consideration in France (sales, exchanges, company divisions, contributions to companies, company dissolutions) of real estate or rights relating to such property, units in real estate investment funds, shares or units in certain real estate-dominated companies and investment companies, may be subject to the obligation to appoint a tax representative to complete the required declarations and guarantee payment of any tax that may be due on capital gains realized on the transfer.

WHO IS CONCERNED?

Individuals residing outside France

Individuals residing outside France who sell real estate located in France must appoint a tax representative when:

• They are domiciled outside the European Union and outside the European Economic Area (excluding Liechtenstein);

• The sale price of the property exceeds €150,000; and

• The property has been held for less than 30 years.

Companies

Companies must appoint a tax representative when:

• Their registered office is located outside the European Economic Area (excluding Liechtenstein);

• These are partnerships not subject to corporate income tax having their registered office in France if the partners, whether natural or legal persons, are themselves required to appoint a tax representative pursuant to the aforementioned conditions.

WHAT IS THE ROLE OF THE TAX REPRESENTATIVE?

• He or she assesses the amount of the accounting and tax capital gain generated upon the transfer of the real property or shares in real estate companies;

• He or she signs the capital gain declaration and guarantees its accuracy;

• He guarantees to the tax authorities the payment of taxes due and the completion of administrative formalities;

• He undertakes to pay the tax and penalties in the event of a reassessment.

WHY APPOINT BERGEOT Avocat?

We offer an integrated service, in order to assist French non-resident taxpayers during the sale of their real estate located in France and in the event of a possible capital gains audit by the tax authorities.

Your benefits

• Simplification of procedures with the tax authorities (reduced tax and administrative deadlines);

• Guarantee of the accuracy of the amount of taxable capital gain;

• Liability associated with this guarantee, particularly in the event of an audit by the tax authorities;

• Immediately operational expertise and extensive experience in the sale of real estate by French non-residents and in tax specificities, including those in the taxpayer's country of residence;

• Support provided by a high-level multidisciplinary team;

• Resources tailored to the evolution of your needs and deadlines;

• Coordination of communications with the client-seller, the real estate agent, and the notary, ensuring the file is processed smoothly.

FEES

• Proportional to the sale price;

• Deductible from the taxable capital gain;

• Due only in the event of completion of the sale and payable upon release of funds by the notary.

CONTACT

contact@bergeot-avocats.com

+33 (0)7 68 35 89 17

BERGEOT Avocat ensures the security of your tax obligations in France and in your country of residence, and simplifies the management of your real estate sale file in France.