Reform of the taxation of individuals' real estate capital gains: 16% flat rate paid on sale
Article 10 of the 2004 Finance Act replaces Articles 150 U to 150 VA of the General Tax Code with Articles 150 U to 150 VH. Individuals' real estate capital gains are taxed at a flat 16% rate (Article 200 B) instead of the income tax schedule, and the tax is paid on sale (Article 150 VF). The gross gain is reduced by 10% for each year of ownership beyond the fifth. Sales for €15,000 or less are exempt. Sellers may use a flat 7.5% of the purchase price for acquisition costs and, after five years of ownership, a 15% uplift for works. The scheme applies to sales from 1 January 2004.
Measure originators
A positive amount is revenue or savings for public finances; a negative amount is a cost or lost revenue.
Measure impact
Individuals selling property other than their main home pay a 16% tax on the gain at the time of sale, reduced by 10% per year of ownership after five years, i.e. full exemption after fifteen years.
Official references
Sources
Procedure timeline
Follow the progress of this fiscal measure through the different stages of the parliamentary procedure.
Administrative implementation
Entrée en vigueur de la mesure et mise en œuvre par l'administration
Publication in Official Journal
President of the Republic signature
Publication au Journal officiel
Possible referral to Constitutional Council
Décision de conformité / censure partielle