French Riviera Lawyers

                                - Capital Gains tax -

If you do not declare all your income in France, you are a non-resident for tax purposes.

When you sell a real estate (*) asset located in France, you must file a capital gains declaration (whether or not there is a tax to be paid, and although you have owned your asset for over 22 years).

This declaration must be drawn up prior to the sale and it is essential for publishing the deed of sale in the Mortgage Bureau.

Like any declaration, it may be checked by the Tax Administration for 3 years, plus the current year (following the date of the publication of the act).

Under Law, this declaration must be signed by an agent approved by the tax authorities, established in France, who stands answers for you, in the framework of an audit by the tax authorities.

However, you are entitled to request that the tax administration examine your capital gains declaration prior to the sale.  If it accepts to do so, and accepts your calculation of your capital gains, it may not require that you appoint a tax representative.

There are no rules governing the conditions of the acceptance of this request, in terms of time or motivation, and the tax administration’s decision is entirely up to its discretion.

Thus, in the event of refusal, you must appoint a tax representative.

(*) Real property, shares or stock in (French or foreign) companies dealing preponderantly in real estate.