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21 March 2019

Office tax in the Île-de-France: pushing consistency to the limit, or how to charge the office tax on an undeveloped site!

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FUNDAMENTALS


RENTALS

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gestion

Real estate taxation, investment assets: rentals

> Introduction
>VAT - CRL

> Profits tax
> Local taxation
> Tax audit


ACQUISITION/DISPOSAL

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acquisitions

Tax aspects of acquisitions/disposals of real estate asset

Introduction
> Real estate asset
Real estate investment company
Leasing


DEVELOPMENT

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Taxation of real estate asset, as a part of stock

> Introduction
Development operations

> Acquisition and resale
Profits tax

 


STRUCTURATION

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Tax aspects of the legal methods oh holding investments

Introduction
Unregulated structures 

Regulated structures 


INDIVIDUALS

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Taxation of the real estate assets of private individuals

> Introduction
> Rental income
Capital gains on real estate
Furnished rentals
Real property wealth tax
Gifts / Inheritances
Subdivision


INTERNATIONAL

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Internatial investments: French tax aspects

Introduction
> Institutional investors / Companies
> Private individuals

TAX AUDIT
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Tax audit


Registration fees

Registration fees 

Principle

Disposal of company shares is subject to Registration fees of:

  • 0.1% for shares (in a société par actions simplifiée [SAS], société anonyme [SA] or société en commandite par actions [SCA]) – other than for listed companies in the absence of deed (exempt), or

  • 3% for company shares.

Base for assessment: normally this is the selling price of the shares / their market value if higher.  

Exception : real estate investment companies

As an exception to this principle, Article 726 of the FTC provides as follows for real estate investment companies, regardless of their corporate legal form (société civile immobilière [SCI], société anonyme, société par actions simplifiée, etc.): 

ðA rate of 5% (similar to that applicable to real estate asset disposals); 

ðAs of 2015 and prior to 2012, the tax base for registration fees is the price of the shares disposed of, or their sale value, whichever is the greater. 

ampoule 

For the period 2012 – 2014, the tax base for registration fees was determined in a specific manner, namely:

  • the market value of the real estate assets,
  • plus the market value of the company’s other assets,
  • less any debts relating only to the acquisition of the real estate assets owned by the company.

ðDuties are payable on this base for assessment pro rata to the percentage of the company’s shares being sold. 

This method of calculation raised many difficulties, particularly with regard to determining the “acquisition debt”, which is why it was abolished. 

Only shares in companies predominantly engaged in real estate activities are subject to fees in this form.

ampoule 

At least 5 different definitions of “predominantly engaged in real estate activities” are in use for tax purposes. 

ðFor the purpose of registration fees (Article 726 I. 2° of the FTC), a company is deemed to be predominantly engaged in real estate activities if its assets are, or have been during the course of the year preceding the share disposal, comprised mainly of:

  • real estate assets or real property rights located in France;
  • and/or of shares in unlisted entities, regardless of their nationality, which are themselves predominantly engaged in the real estate business.

  

COMPANY A  COMPANY B (hotel) 
Market value  € M  Market value € M
Real estate asset  10 Goodwill 2.5
Rights in real estate investment companies 7 Real estate asset 4
Receivables 1 Receivables 0,5
Cash 2 Cash 0.2
Ratio in terms if "predominantly engaged in real estate activities" (10 + 7) / 20 = 85% Ratio in terms if "predominantly engaged in real estate activities" (4 / 7.2) = 55%

For payments of duties (see Acquisition / Disposal > Real estate asset > TPF > Payment of TPF ).