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France – Relief from the taxation of non-residents on the sale of real estate located in France

On the occasion of an update of its basic documentation, the tax administration incorporates the adjustments provided by the Finance Act for 2019, to the exemption regime for real estate gains realized for the sale of property located in France, applicable to non-residents.

Article 43 of the Finance Act for 2019 made the following changes:

  • on one hand, the application from now on, subject to conditions, of an exemption from the capital gain realized on the sale of the former principal residence located in France by persons who have become non-residents;
  • on the other hand, the conditions of application of the partial exemption up to € 150 000 have been modified, increasing from 5 to 10 years, counting the transfer by the transferor of his fiscal domicile outside France, the period before the expiry of which must be the assignment when the transferor has not the free disposal of the property at least since January 1 of the year preceding that of the assignment.

In addition, the transferor may not benefit from the partial exemption if he has previously benefited from the total exemption for the transfer of his principal residence following his departure from France.

These provisions apply to capital gains realized on disposals made since January 1, 2019


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