French Property - Own - Rent - Share Fractional Ownership in France

Part Of Our Own Home Is A Gite, What Is This New Tax

Tuesday 12 September 2006 by Tony Tidswell

Hi Tony

Do have any official info on this new Capital Gains Tax change on primary residences with gite accommodation or know someone I call about it so my accountant can get on the case. cheers Nick

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Hi Nick

All I have at present is feedback from forums, news items and some websites about the way mixed gite and residential properties will be treated for business and CGT - to get a clear and professional opinion I recommend you consult an expert in this field, I am copying someone who has give advice on similar matters and I attach his business terms (no such thing as a free lunch and free advice is the worst sort).

My understanding is that, in France, if a property, or a part of a property, is now let out in any way then the whole property will be treated as a "second home" for CGT purposes when it is sold. That is there is a CGT tax of 16%, reducing by 10% a year after the fifth full year (i.e. zero after 16 years). This is all very recent stuff.

My thoughts are that this is channeling rentals into a more controllable registration "business" model for taxation purposes - encouraging people to form a company SCI or SARL to manage the affairs and to make the income much more accountable.

Tony

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Dear Tony

One needs to be extremely careful about French tax matters generally where part or whole of the property has been let, either to tourists or to businessmen/farmers etc.

The practical problem usually is that for many years the French authorities may do nothing about it and then after a number of years (when it becomes economically worthwhile then pursuing a matter) they invite the client for a cozy cup of coffee which turns out to be less than a cozy encounter and there are tears before bed time!

Best regards

Stephen http://stephensmithfranceltd.com/



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