You are a tax resident of the United States and you are selling a property located in France? This page covers everything you need to know: mandatory accredited tax representative, capital gain calculation, the France-USA tax treaty, and FATCA obligations. Our role as independent broker: to find you the accredited representative at the best rate, on average 20 to 40% less than a direct approach.
Why an Accredited Tax Representative is Mandatory for US Residents
The United States is not part of the European Economic Area. Any US tax resident selling a property in France for more than â¬150,000 (or held for less than thirty years) must appoint a tax representative accredited by the French tax authority. Without this appointment, the notary cannot finalise the deed. The representative calculates the capital gain, files form 2048-IMM, and guarantees payment of the tax to the French Treasury.
Calculating Your Capital Gain from the USA
The method is identical to that applicable to other non-residents: difference between sale price and increased acquisition price (7.5% flat-rate acquisition costs, 15% flat-rate works after 5 years of ownership), application of holding period allowances, then taxation at 19% capital gains tax and 17.2% social levies.
US residents do not benefit from the reduced 7.5% solidarity levy rate reserved for affiliates of an EEA or Swiss social security scheme. The overall rate before allowances therefore remains at 36.2%, plus the progressive surcharge above â¬50,000 of taxable capital gain.
The France-USA Tax Treaty and the American Tax Credit
The tax treaty signed on 31 August 1994 between France and the United States grants France the right to tax capital gains on property located in France. This taxation does not remove the obligation to declare the same gain to the IRS: the United States taxes its residents on their worldwide income.
To avoid double taxation, the US taxpayer can activate the foreign tax credit provided for by Form 1116. This tax credit is capped according to a precise formula and its availability depends on the IRS tax calendar, which does not always coincide with the French notarial signature schedule. Close coordination between your French tax representative and your US tax advisor is valuable for optimising the timing.
ACCREDITAY’s Role for US Residents
Our value for a USA file is threefold. First, competitive tendering among accredited tax representatives experienced in US files, who master the articulation with the foreign tax credit. Second, guidance on the optimal signing schedule to align France/USA timing. Third, direct coordination with your notary and, if you wish, with your US tax advisor.
You receive your personalised comparison within 48 to 72 business hours.
Case Study: Paris Apartment Sold from New York
A New York resident sells in 2026 a Paris apartment bought for â¬350,000 in 2014 and resold for â¬600,000. Holding period: 12 years. Flat-rate acquisition costs (+7.5%): â¬26,250. Flat-rate works (+15%): â¬52,500. Gross gain: â¬171,250. Income tax allowance (12 years, 8 à 6%): 48%. Social levies allowance (12 years, 8 à 1.65%): 13.2%. Income tax: â¬171,250 à 52% à 19% = â¬16,908. Social levies: â¬171,250 à 86.8% à 17.2% = â¬25,565. Total France: â¬42,473. US foreign tax credit to be activated via Form 1116, within the IRS cap.
FATCA: An Additional Reporting Obligation
Any US citizen or green card holder who has held, sold, or received funds from a foreign bank account must report these assets to the IRS via FBAR (FinCEN 114) and, where applicable, Form 8938 (FATCA). The sale of a property in France often results in a significant credit to a French account, which triggers the reporting thresholds.
For precise details, consult our guide on FATCA obligations for property sales in France.
FAQ — US Residents
Am I required to use an accredited tax representative even if I am a French citizen living in the USA?
Yes. The criterion is tax residence, not nationality. A French citizen who is a US tax resident is treated as a non-resident for the sale of a property in France.
Will the capital gain be taxed twice (France + USA)?
France taxes first, at source. The USA then taxes under its own rules, but grants a foreign tax credit (Form 1116) that avoids economic double taxation, subject to a cap.
How long does the procedure take from the USA?
Allow 4 to 8 weeks between the appointment of the tax representative and the signature, to be coordinated with your notary's schedule. The appointment itself can take 2 to 3 weeks after acceptance of the proposal.
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