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Spacious one-bedroom apartment of 80.83 sqm (78.83 sqm Carrez law) within a very beautiful condominium located in the heart of the Carré des Antiquaires, in the prestigious 7th arrondissement of Paris – Saint-Germain-des-Prés.Click on this link for more details. Very quiet apartment, overlooking ...

CM-Tax law firm, with offices in Lyon and Marseille but operatiing throughout France, offers, in addition to its activities in tax law and property law, to manage the sale of your property, as a property transaction agent.Our mission:- To value your property;- To assemble the legal dossier:...

The French Ministry for the Economy and Finance announced on April 1st, 2020 that the deadline for filling the French personal income tax declaration, initially fixed April, 8th 2020, is postponed due to the Corona-virus lock-down situation.In case your French personal income tax return is filed...

Within the framework of the draft laws on finances and social security financing, the Minister of Public Accounts has made an unexpected announcement, namely the removal of the CSG / CRDS (social charges) on income from French immovable property and immovable capital gains realized by French expatriates and foreign non-residents affiliated with a social security scheme in the European Union or Switzerland.

Reminder of the judicial proceedings

According to de Ruyter case-law (Court of Justice of the European Union - CJEU, 26 February 2015, No. 623/13 and then Conseil d'Etat, 27 July 2015, No. 365511), taxpayers affiliated with a social security scheme in the European Union (EU), in the European Economic Area (EU + Iceland, Liechtenstein and Norway) or in Switzerland are not liable for the payment of social charges in France taken on their income from immovable property, under Community Regulations 1408/71 and 883/2004 prohibiting the concurrent affiliation with multiple social security schemes.

In order to thwart this jurisprudence, as of January 1st, 2016, the French State amended the budgetary allocation of the product of the social contributions.

Thus, income from immovable property (rental income and income from furnished tenancy rental) and immovable capital gains achieved in France by non-residents are currently subject to social charges of 17.20%.

The Administrative Tribunal of Strasbourg, in a judgment dated 11 July 2017 (No. 1700440) and the Administrative Court of Appeal of Nancy (judgment dated 31 May 2018 - Case No. 17NC02124) ordered the reimbursement of social contributions charged to non-residents within the framework of the new legislation, considering the latter to still be non-compliant with European law.

Subsequently, the CJEU in a judgment Jahin (18 January 2018 - Case C.45-17) considered that persons affiliated with the social security scheme of a third State could not benefit from the application of Community regulations preventing concurrent affiliation with multiple social security schemes. The difference in treatment is justified in particular by the protective clause (Article 65 of the TFEU).

What should change

The Government proposes to put an end to these debates by removing, as of the date of entry into force of the proposed amendments, the social charges on income from immovable property (rental income) and immovable capital gains realized in France by non-residents.

The announcement of this removal should also allow French expatriates and foreign non-residents affiliated with a social security scheme in the European Union, in Switzerland or in a Member State of the European Economic Area, to file contentious claims in order to be reimbursed social charges unduly paid in the past.

Such claims must be filed without even waiting for the final adoption of this draft; indeed, the claim period expiration with regard to income from immovable property made in 2015 and immovable capital gains realized in 2016 will expire on 31 December 2018.

The commencement of litigation proceedings for social charges paid in 2016 therefore assumes rapid action and the presentation of claims meeting the legal conditions of form and substance, particularly as regards submissions and supporting documents.

Our Firm, based in Lyon and Aix-en-Provence but intervening all over France, is at your disposal to advise you and file your claims in the shortest time possible.

Making property investments in France often entails overcoming several obstacles: the process is long and tedious because of the many stakeholders involved (attorneys, property agents, bankers, notaries, etc.).CM-Tax law firm, based in Lyon and Aix en Provence, assists his clients all over France...

You've decided to sale your property in France? Contact us for legal and tax assistance.

Contact us for tax and legal assistance for your real estate acquisition in France.

CM-Tax law firm can assist you with your tax disputes:

- contentious claims following a procedure to rectify one's tax situation or for reimbursement of the overpayment of taxes (errors in the interpretation of tax law, changes in French or European case law, etc.);

- assistance and representation before the French Courts: Tribunal de Grande Instance, Cour d'Appel, Tribunal Administratif, or Cour Administrative d'Appel.

CM-Tax law firm, based in Lyon and Aix en Provence, assist his clients all over France especially in Nice, the French riviera and Paris.

Find here soon our offer of services for companies.

  Prevent where you can. Resolve when you have to. Litigate when you must.   Our team assists you in avoiding and resolving a tax dispute with the French tax authorities. We know that going to Court is expensive and we believe that you should only litigate when you must. It is much...

Our team offers you their in-depth knowlegde of the French corporate tax regime. We help you to develop your business in France and to keep up with the changing French and conventional tax law while focusing on your business.  We are your "hands-on" tax partner in France with a full range of...

We assist our clients to anticipate a future sale of a of French real estate or real estate company shares by monitoring their future capital gains tax exposure and legal status of the property. We assist our client during all the phases (both legal and tax) of the sale of French real estate or...

We assist our clients during all the phases (both legal and tax) of a French real estate acquisition transaction by : setting up a tax efficient investment structure (direct acquisition, interposing a transparent real estate company or a company liable to corporate tax) optimizing the global...

lesHow to meet your french tax requirements ?