If you are preparing to sell a rental property or your second home, know that the tax has been heavier since 2013. The surtax on the real estate gain and the increase in the tax rate could thus make the operation less interesting than you think it.
Who is affected by the surcharge?
Only disposals subject to real estate taxation whose net taxable capital gain exceeds € 50,000 are affected by the additional tax, ie capital gains realized since January 1, 2013.
- Goods destined for new and old rentals
- Second homes
- Building land
- Commercial premises
- Industrial premises
How much will you have to pay?
Law No. 2012-1510 of 29/12/2012 introduced a tax rate that varies according to the amount of the gain and is between 2 and 6%. For the next three years, the funds raised will be donated to the Social Housing Rental Guarantee Fund and will be used to develop social rental housing and urban renewal.
To calculate the property surcharge, you must first determine the tax base, ie the net gain realized in the operation and then apply the following scale.
When do we pay tax?
You must pay the additional tax on the day of the authentic deed at the same time as the lump sum tax. It is the notary who is responsible for preparing the tax return and you will return the proceeds of the assignment, net of real estate tax to the seller.
The 20% abatement on 2013 disposals provided for in the Finance Law was rejected by the Constitutional Council.
Cases of sales made before December 7, 2012
If the signature of the pre-contract is prior to December 7, 2012, you are exempt from the property surcharge. However, this measure only applies to promises or compromises having acquired a certain date in the light of Article 1328 of the Civil Code . This is the case if you have entrusted the drafting of the preliminary contract to a notary. On the other hand, if the signature took place under private seal, the act must have been established by a public officer.