Welcome to the French Property Law Blog

This blog is written by John Kitching, an English Solicitor who is a specialised bilingual French Property lawyer who has an interest in all things French, including French property and international estates.

The blog posts updates of particular interest to British nationals who have property in France, those who inherit property in France, or who are buying property in France. The posts range from French tax articles to quirky French news stories, and the inevitable anecdotes of aggrieved mistresses and widows disinherited by illegitimate children...

The blog does not give legal advice. If you require French legal advice, please visit www.frenchlawconsultancy.com or email info@frenchlawconsultancy.com


Monday 17 May 2010

French Property VAT - new rules on land and new builds

Further to the post below regarding the new French Property VAT rules with effect as of 11.3.2010, we have prepared the table below to make sense of the rule change. The table applies to a non VAT registered Vendor selling French property or land.

Where Vendor is not registered for French VAT:

Type of land

where Purchaser is VAT registered

where Purchaser is not VAT registered

Non Building Land (Terrain NAB)

Outside the scope of VAT regs

Purchase tax applies at 5.09%

Exceptions:

art 1594-0 G: agreement to build = no purchase tax;

art 1115 agreement to sell on

= 0.715% purchase tax)

Outside the scope of VAT regs

Purchase tax applies at 5.09%

Building Land (TAB)

Outside the scope of VAT regs

Purchase tax applies at 5.09%

Exceptions:

art 1594-0 G: agreement to build = no purchase tax;

art 1115 agreement to sell on

= 0.715% purchase tax)

Outside the scope of VAT regs

Purchase tax applies at 5.09%

New property

If the vendor had previously purchased as a building to construct, then VAT is charged on the whole sale price (257-I-3-b 1) and 0.715% purchase tax applies (art 1594 F)

If the vendor had NOT previously purchased as a building to construct (eg it was already built) then it is outside the scope of VAT regs and purchase tax applies at 5.09% (or at 0.715% if an agreement to sell on was in place)

If the vendor had previously purchased as a building to construct, then VAT is charged on the whole sale price (257-I-3-b 1) and 0.715% purchase tax applies (art 1594 F)

If the vendor had NOT previously purchased as a building to construct (eg it was already built) then it is outside the scope of VAT regs and purchase tax applies at 5.09%

Building other than new property

Outside the scope of VAT regs

Purchase tax applies at 5.09%

Exceptions:

art 1594-0 G: agreement to build = no purchase tax;

art 1115 agreement to sell on

= 0.715% purchase tax)

Outside the scope of VAT regs

Purchase tax applies at 5.09%


based on a table from the French Tax Office website official bulletin, the best format is on the Le Particulier website available here

NB new build buildings which are sold within 5 years of the building completion date are subject to VAT.
The situation for existing buildings remains unchanged (i.e. outside the scope of VAT)

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