Taxation principle for non-residents' capital gains
Non-residents who sell a property located in France are in principle subject to French tax on the capital gain realised. The basic tax rate is 19% for nationals of a European Union or EEA member state, and 36.2% (including social levies) for residents of third countries. Outside the EEA, social levies of 17.2% are added to the 19%.
However, several exemption or allowance mechanisms can reduce or even eliminate this tax liability. It is essential to identify them before the sale, as they must be declared and substantiated in the form 2048-IMM prepared by the accredited tax representative.
The specific exemption for EU/EEA non-residents
Non-residents who are nationals of an EU or EEA member state (or French nationals who have transferred their tax domicile to such states) benefit from a specific exemption on the first sale of a residential property in France. This exemption is capped at €150,000 of net taxable capital gain (Article 150 U II-2° of the French General Tax Code (CGI)).
To benefit from this exemption, several cumulative conditions must be met:
- The seller must be a national of an EU, EEA, or Swiss state
- They must have been continuously domiciled for tax purposes in France for at least two years
- The sale must concern a residential property (primary residence or rental)
- It must be the first sale since the change of tax domicile
- The property must have been freely available at least since 1 January of the year preceding the sale
Exemption for the sale of a former primary residence
Since the 2019 Finance Act, non-residents may benefit from the capital gains exemption for the sale of a primary residence, which until then applied only to residents. This extension covers nationals of EU, EEA, or Swiss states, or states that have concluded an administrative assistance agreement with France.
The conditions to be met are:
- The property must have been the seller's primary residence up to their departure from France
- The sale must take place no later than 31 December of the year following the transfer of tax domicile outside France
- The property must not have been rented out or lent between the departure date and the sale
Holding-period allowances
Independently of specific exemptions, all non-resident sellers benefit from holding-period allowances applicable in France. These allowances progressively reduce the taxable base until full exemption is achieved.
| Holding period | Income tax allowance (per year) | Social levies allowance |
|---|---|---|
| Less than 6 years | 0% | 0% |
| 6 to 21 years | 6% / year | 1.65% / year |
| 22nd year | 4% (full income tax exemption) | 1.60% |
| 23 to 30 years | Full income tax exemption | 9% / year |
| After 30 years | Full exemption | Full exemption |
To optimise your tax position and ensure that all applicable exemptions are taken into account, use an accredited tax representative specialising in non-resident real estate matters.