16 LAWYER MONTHLY NOVEMBER 2024 seller’s tax residency: • For Sellers Tax Resident in Europe: The notary is responsible for calculating and remitting the capital gains tax, and they do not charge a fee for this service. • For Sellers Tax Resident Outside Europe: A French tax representative company is responsible for calculating the capital gains tax, while the notary handles the payment. The tax representative typically charges a fee (around 0.7% of the sale price, which is negotiable). The tax rates also differ based on residency: • For sellers residing in France or outside Europe, the tax rate is 36.2% on the gain. • For sellers residing in other European countries, including the UK and Switzerland, the rate is 26.5%, provided they can demonstrate that they are contributing to the social security system in their country of residence. It’s important to note the exemptions available: • After 22 years of ownership, the 19% portion of the tax is waived, resulting in effective rates of 17.2% for non European residents and 7.5% for European, UK, or Swiss residents. • Full exemption from capital gains tax is granted after 30 years of ownership. Calculating capital gains tax can be complex, as sellers can deduct various costs associated with the acquisition and improvement of the property. Eligible deductions include: • Purchase fees and taxes. • Significant renovation costs. • Certain documentation costs incurred during the sale. Additionally, there’s a yearly tax reduction for ownership beyond five years, which can further decrease the tax liability. Advice for Sellers: Before putting your property on the market, it’s advisable to consult a notary to obtain an initial estimate of your potential capital gains tax. This preliminary assessment is typically provided at no charge and
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