Taxation of non-residents in France: capital gains tax and accredited tax representatives

Background

Taxpayers who are resident or established outside France and dispose of French real estate for consideration (sales, exchanges, contributions to companies, liquidations, or transfers of shares or interests in real estate companies) may be required to appoint an accredited tax representative.

The accredited tax representative is responsible for completing the required tax formalities and guaranteeing the payment of the capital gains tax.

Non-resident individuals

An accredited tax representative is required when:

You are tax resident outside the European Union and the European Economic Area (excluding Liechtenstein)

The sale price exceeds €150,000
You have owned the property for less than 30 years

Companies

The obligation applies when:

The company’s registered office is located outside the European Economic Area

The shareholders are themselves subject to the obligation

Key issues

Poor management may result in:

Overpayment of tax

Tax risks

Delays in completing the sale

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