The tax representative of real estate gains: why, for whom?

Non-resident individuals and companies with offices outside the EU (excluding Iceland and Norway) that sell real estate located in France are subject to the obligation to appoint a tax representative accredited by the Tax Administration French. It defines the taxable gain related to the transfer and the tax due by its client.

The mission of the tax representative

This service provider draws up and signs the statement of surplus value. It is thus the guarantor of the accuracy of the calculation and undertakes to pay the tax and penalties in case of dispute by the tax administration. With a broad responsibility, the tax representative defends his client's file in the event of a tax audit.

In practice, the capital gain is equal to the difference between the sale price (price quoted in the deed of sale) and the purchase price, either for consideration or free of charge (the value mentioned in the purchase Donation or declaration of succession) on which a deduction for detention period is applied.

The transferor must pay income tax and social security contributions:
  • For individuals: 19% + social contributions 17.2%. Where the amount of the capital gain exceeds EUR 50 000, an additional tax on high capital gains, the rate of which is between 2 and 6%, shall also be payable by the transferor.
  • For partnerships: 19% + 17, 2% social contributions
  • For legal entities subject to corporate Tax: 25%
It is thus up to the tax representative to calculate the amount of the tax, taking care to integrate all the deductions provided for by law, and to complete form 2048 - IMM actant for the declaration of surplus value. It must also minimize the risk of requalification and respond to all requests from the Tax Administration during the 3 years following the year of sale of the property.

TEVEA international offers a real estate tax representation service

As a tax representative accredited in terms of real estate gains, TEVEA international can help you and facilitate your efforts. You can entrust us with your file and benefit from our know-how and our experience in this field.

Our team of tax specialists will take care of everything: calculation of the amount of taxation, declaration of the surplus value, commitment to pay the tax and penalties in case of reorganization, defense of your file in case of tax audit.

By choosing our company, you will have the advantage of a personalized service adapted to your needs and constraints. In addition to this, in order to simplify the tasks of our customers, we practice transparent and competitive conditions. All you have to do is send us the necessary documents: title, copy of the bill of sale or promise, name and address of the notary drafting the act, invoices and proofs of payment relating to the work carried out , Agency fees (if borne by the seller), copy of the identity document, and for companies: up-to-date statutes, extract Kbis and last balance sheet.