taxation of the sale in real estate. Real Estate Tax paid by seller and purchaser
SELLER-BUYER WHO PAYS WHAT?
TAX PAID BY THE BUYER
Selling property can be subjected to two regimes .
The determination of the tax treatment will depend largely on how long the good and secondarily on the nature of the buyer (if a natural or legal person or destination of property).
In Indeed, two major pension taxation of individuals that may apply to the sale of a property, are part of a scheme of registration fees and also the system of VAT tax.
What property is subject to the system of land registration
The principle is: if the property is completed for over 5 years, the sale will be subject to the rights of registration. These will be paid by the purchaser in addition to taking agreed. These rights are included in "legal fees".
The current rate of these fees is 5.09%
The principle expressed above requires some clarification and undergoes some attenuation or exceptions.
Details of First on the notion of completion and the starting point of the period of 5 years:
the purposes of the Act, a building is considered completed for over 5 years if the conditions of habitability are met for over 5 years.
This concept is distinct, for new goods, the declaration of completion (which can be performed well after the building is habitable as it is an administrative declaration and not a condition law).
For example, it is customary to take as a starting point for the habitability of a property, the following: minutes of the keys, first invoice on behalf of EDF owners or invoice of the move.
This, in particular under a new purchase or construction of individual houses.
then Attenuation of the rate of taxation: the registration fee can be reduced when the property is located in a rural area revitalization, since in this case, the department may establish an allowance of € 46 000 on the tax base due to it.
In addition and as an exception, although qu'achevé past 5 years, a property may be subject to registration fees if they are speaking from the second sale completion.
Finally note that if the acquisition by SCI of land to build or renovate a property to very significantly, this purchase will be subject to VAT regime estate rather than the registration fee (the Land purchased by an individual he is, subject to registration fees).
What property is subject to the system of VAT Tax?
In contrast to what has been said above, the transactions subject to the VAT will affect real estate property called "new", that is to say-since completed within 5 years or resales in the first five years of completion.
If the goods are new, the acquisition is usually made directly from a developer.
The sale price is then expressed TTC, where the famous term "notary fees reduced, because the fees paid to the notary on the date of purchase, so do not include the amount of Tax due (VAT to 19.6%).
As for genuine "legal fees", they are priced according to a national scale.
The notary's fees vary depending on the value of goods purchased.
If this is the first resale within five years of completion, the property will also be subject to estate tax, the purchaser paying the same manner as for new goods , Reduced notary fees.
The danger this time by the seller because the price agreed with the purchaser will necessarily inclusive prices, including in the amount of the tax rate of 19.6%, which amount shall be refunded to the tax authority subject to the VAT that the seller has paid for itself upstream.
TAXES PAID BY THE SELLER
Upon the sale of his property, the seller may be subject to three types of taxes which amounts may eventually accumulate between them.
The three taxes that may be subject sellers are: first, the estate tax, then the real estate gain and finally the tax on building land.
This tax, possibly cumulative, should prompt the seller to the utmost caution when setting its price.
VAT estate
In line with what has been said above, assuming the first sale within five years of the completion of the property, the seller must be cautious in setting its selling price because that price includes VAT, which will be reserved for Tax Administration, within what the seller has already paid as such at the time of its acquisition.
Example:
PURCHASE
Mr. X purchased a new apartment in 2005: € 200,000.00
Nine: Price expressed Taxes, notary fees paid when purchasing 3%
VAT is included in the price
Details of transaction:
Price HT: ; ; € 167.224.00
VAT: € 32.776.00
Notary fees: ; 6.000.00 €
RESALE
Mr. X sold in 2008 agreed price 250,000.00 €
So the first resale in the 5 years
VAT included € 40.970.00 in the price
Price HT ; ; 209.030.00 €
Seller will be remitted to the Board on the sale price, the VAT differential, either:
€ 40.970.00 - 32.776.00 € 8.194.00 € =
Seller will affect its price:
€ 250,000.00 - 8.194.00 €
There is the danger that the seller will not be able to justify bill (the amount of VAT can come inflate the purchase VAT) paid on purchase and thus reduce the differential between the VAT due at the time of the sale and that paid on inputs (construction performed either yourself or with family and resold within five years of completion).
Gain Realty
If the property is neither sold the principal residence of the seller or his property from over 15 years and that price is not less than 15,000 €, it will be subject to tax on the gain.
Conditions of liability to capital gains are:
Let the good is not the main residence on the day of sale. The main residence consists in the fact of actually occupying the property and usually sold.
There is no time occupation as such.
The tax administration is even enough tolerant as it agrees to consider as the principal residence of the seller property sold unfinished destined to become the principal residence of the seller (provided, however, that the seller has not owned the unit occupied during construction) .
Similarly, the administration would accept that the property sold is considered the principal residence of the seller, even though it has left for a period of about one year (the assignment to be involved in normal time of sale) or that the property was free or occupied by a single spouses in the event of divorce, job transfer or disability.
Finally, the Administration considers the sale of the residence, vacant land, sold detached from the main residence, if it is sold at the same time.
Regarding the period of detention of the property sold, the exemption is automatic if the property is owned by the seller for over 15 years. Appreciating this time to the day since the date of the property into the patrimony of the seller.
This date means the date of purchase, date of death for property for inherited property, the date of donation or contribution in society.
noted that the division or change of matrimonial regime does not come into play in calculating the period.
Example: a property is jointly owned between 2 owners following the death of a parent in 1993.
The two heirs share the property in 2000 with the award to one of them in full. If that same heir sells the property in 2008, it will be exempt from tax on capital gains. The property is owned since 1993 for the purposes of taxation.
Another cause for exemption is the value of the property: indeed, if the property was worth less than € 15,000 in full ownership, the seller is totally exempt from tax on the gain. The assessed value of 15,000 €, if the property belongs to several owners, according to the proportionate undivided share held on the building.
Example 1: A property is sold € 45,000 and belongs to three persons in undivided them. There will be no tax on the gain (45,000 € / 3 = 15.000 €)
Example 2: A property is sold for € 60,000 a usufructuary and bare owner. The usufruct is 30% (€ 18,000), the bare ownership is therefore € 14,000 per child (42,000 € / 3). The four vendors are subject to tax on the gain even though 3 of them have a share of less than 15,000 €.
Tax on buildable land become
Finally, the vendor may eventually support a tax on land if it is a sale of land now buildable for less than 18 years.
The law of 13 July 2006 introduced, with effect from 1 July 2007, a flat tax on the transfer for value of bare land that has been made for building.
This tax may be established by the Commons on the City Council deliberations.
Those involved in the tax on land are individuals or corporations (except for land dealers, developers, professionals).
goods concerned are goods become buildable in the classification by a U-PL in an urban or urbanized regardless of the origin of ownership of the property for speculative or assignment of the seller of the property.
concerned Transfers are transfers for value (sale, exchange) and not for free (sharing inheritance or marriage).
L tax does not apply to immediate dependencies of the main dwelling or for land expropriated or consolidation or the land sold to a local authority.
Only the first transfer for value is taxed.
The tax is based on two thirds of the sale price. The tax rate is 10%.
Example: a property is sold 150,000 €, the 2 / 3 of the price amounting to 100,000 € and the tax rate is fixed 10% or 10,000 €, the fee corresponds to 6.66% of sale price.