Tax representative in France for non-residents

Background

Taxpayers domiciled or established outside France who carry out disposals for consideration in France (sales, exchanges, company partitions, contributions to companies, company dissolutions) of real estate or rights relating to such property, units in real estate investment funds, shares in certain property-rich companies and investment companies, may be required to appoint a tax representative to complete the reporting formalities and guarantee payment of any withholding tax due on the capital gain arising from the disposal.

Who is concerned?

INDIVIDUALS RESIDENT OUTSIDE FRANCE

Individuals resident outside France who sell a property in France must appoint a tax representative when:

• They are domiciled outside the European Union and the European Economic Area (excluding Liechtenstein);
• The sale price of the property exceeds €150,000;
• The property has been held for less than 30 years.

COMPANIES

Companies must appoint a tax representative when:

• Their registered office is outside the European Economic Area (excluding Liechtenstein);
• They are partnerships not subject to corporate income tax with their registered office in France, if their partners, whether individuals or legal entities, are themselves required to appoint a tax representative under the conditions above.

What is the role of the tax representative?

• It assesses the accounting and tax capital gain arising from the sale of the property or of shares in property companies;
• It signs the capital gains return and guarantees its accuracy;
• It guarantees to the tax authorities the payment of the taxes due and the completion of administrative formalities;
• It undertakes to pay the tax and penalties in the event of a reassessment.

Why instruct BERGEOT Avocat?

We offer an integrated service (with our approved partner) to support non-French-resident taxpayers when selling their property in France and in the event of a tax audit of the capital gain.

YOUR BENEFITS

• Simpler dealings with the tax authorities (shorter tax and administrative timeframes);
• Guaranteed accuracy of the taxable capital gain;
• Liability attached to this guarantee, particularly in the event of a tax audit;
• Immediately operational expertise, well versed in property sales by non-French residents and in tax specifics, including in the taxpayer’s country of residence;
• Support provided by a high-level multidisciplinary team;
• Resources adapted to your changing needs and deadlines;
• Coordination of exchanges between the seller, the estate agent and the notary, for a smoothly handled file.

FEES

• Proportional to the sale price;
• Deductible from the taxable capital gain;
• Payable only if the sale is completed, and due when the notary releases the fund

Contact

📧 contact@bergeot-avocats.com
📞 +33 (0)7 68 35 89 17

BERGEOT Avocat secures your tax obligations in France and in your country of residence, and simplifies the handling of your property sale in France.