Real estate capital gains: income tax exemption after 22 years of ownership and exceptional 25% allowance
The 2014 Finance Act changed the holding-period allowance for capital gains on the sale of property other than building land. For income tax, it was raised to 6% a year from the sixth to the twenty-first year and 4% in the twenty-second, giving full exemption after 22 years instead of 30. For social levies, a separate allowance (1.65% a year from the sixth to the twenty-first year, 1.60% in the twenty-second, 9% thereafter) gives exemption after 30 years. An exceptional 25% allowance applied to sales between 1 September 2013 and 31 August 2014, extended to 2016 for certain demolition-reconstruction operations in high-demand areas. The rules apply to sales from 1 September 2013.
Measure originators
No official estimate found for this measure.
Measure impact
Individuals selling property other than their main residence pay less tax on the gain, especially for holding periods of 6 to 30 years. The Constitutional Council struck down the removal of all allowances for building land, which therefore kept the former regime.
Official references
Sources
Procedure timeline
Follow the progress of this fiscal measure through the different stages of the parliamentary procedure.
Possible referral to Constitutional Council
Décision de conformité / censure partielle
President of the Republic signature
Publication au Journal officiel
Council of Ministers
Validation interne
Administrative implementation
Entrée en vigueur de la mesure et mise en œuvre par l'administration
Drafting of the bill (Finance Bill or Social Security Finance Bill)
Ministère compétent