I. – Subject to the provisions specific to industrial and commercial profits, agricultural profits and non-commercial profits, capital gains realised by natural persons or companies or groupings covered by Articles 8 to 8 ter, on the disposal for valuable consideration of built or unbuilt property or rights relating to such property, are liable to income tax under the conditions set out in articles 150 V to 150 VH.
These provisions apply, subject to those set out in 3° of I of Article 35, to capital gains realised on the disposal of land divided into lots intended for construction.
II. – The provisions of I do not apply to buildings, parts of buildings or rights relating to these properties:
1° Which constitute the principal residence of the transferor on the day of the transfer;
1° bis In respect of the first transfer of a dwelling, including its immediate and necessary outbuildings within the meaning of 3° if their transfer is simultaneous with that of the said dwelling, other than the principal residence, where the transferor has not owned his principal residence, directly or through an intermediary, during the four years preceding the transfer.
The exemption applies to the fraction of the transfer price defined in article 150 VA that the transferor uses, within twenty-four months of the transfer, for the acquisition or construction of a dwelling that he/she allocates, as soon as it is completed or acquired if later, to his/her main residence. In the event of a breach of one of these conditions, the exemption is called into question in respect of the year of the breach;
1° ter Which have constituted the principal residence of the transferor and have not since been the subject of any occupation, where the latter is now a resident of an establishment mentioned in 6° or 7° of I of l’article L. 312-1 of the Code de l’action sociale et des familles if, in respect of the penultimate year preceding that of the transfer, it is not liable for property wealth tax and does not have a reference tax income exceeding the limit provided for in II of article 1417 of the present code and if the transfer takes place within less than two years of entering the establishment ;
2° In respect of the sale of a dwelling located in France where the seller is an individual, not resident in France, who is a national of a Member State of the European Union or of another State party to the Agreement on the European Economic Area which has entered into an administrative assistance agreement with France with a view to combating tax fraud and tax evasion and on condition that he has been continuously domiciled for tax purposes in France for at least two years at any time prior to the sale.
The exemption mentioned in the first paragraph of this 2° applies, within the limit of one residence per taxpayer and €150,000 of net taxable capital gain, to disposals made:
a) No later than 31 December of the tenth year following the year in which the transferor transfers his tax residence outside France;
b) Without a time limit, where the transferor has had free disposal of the property at least since 1 January of the year preceding that of the transfer;
3° Which constitute the immediate and necessary outbuildings of the properties mentioned in 1° and 2°, on condition that their transfer occurs simultaneously with that of the said properties;
4° For which a declaration of public utility has been pronounced with a view to expropriation or for which the transferor has exercised the right of relinquishment provided for in Articles L. 152-2 and L. 311-2 as well as the last paragraph of Article L. 424-1of the town planning code or in I of article L. 515-16-3 of the Environment Code, provided that the entire expropriation compensation or transfer price is reinvested in the acquisition, construction, reconstruction or enlargement of one or more buildings within a period of twelve months from the date of receipt of the expropriation compensation or transfer price ;
5° Which are exchanged as part of the land consolidation operations mentioned in article 1055, operations carried out in accordance with articles L. 123-1, L. 123-24 and L. 124-1 of the code rural et de la pêche maritime (rural and maritime fisheries code) as well as to balances paid pursuant to article L. 123-4 of the same code. In the event of the sale of assets received on this occasion, the capital gain is calculated on the basis of the date and price of acquisition of the original asset or of the oldest constituent part in the case of the sale of dismembered lots;
6° Whose sale price is less than or equal to €15,000. The €15,000 threshold is assessed by taking into account the full ownership value of the property or part of the property;
In the case of the sale of a jointly owned property, this threshold is assessed with regard to each undivided share.
In the event of the sale of a property where the ownership right is split, the €15,000 threshold is assessed with regard to each undivided share in full ownership;
7° Which are sold until 31 December 2023:
a) To a low-income housing organisation, a semi-public company managing social housing, the association mentioned in article L. 313-34 of the French Construction and Housing Code, a non-trading property company in which this association holds the majority of the shares for the housing mentioned in 4° of article L. 831-1 of the same code or to an organisation benefiting from the approval relating to project management provided for in article L. 365-2 of the aforementioned code, or to a social landholding organisation that undertakes, in a statement included in the deed of purchase, to build and complete the social housing referred to in 3°, 5° and 6° of article L. 831-1 of the same code, or housing that is the subject of a social real estate lease as defined in article L. 255-1 of the same code, within ten years of the date of purchase;
a) To any other transferee or transferee of a social housing property that is the subject of a social real estate lease as defined in article L. 255-1 of the same code, within ten years of the date of purchase.
b) To any other transferee who undertakes, in a statement included in the deed of purchase, to build and complete social housing as referred to in 3°, 5° and 6° of article L. 831-1 of the same code or housing covered by a joint real estate lease as defined in article L. 255-1 of the same code within four years of the date of purchase.
The exemption is calculated in proportion to the habitable surface area of the social housing that the transferee has undertaken to build and complete in relation to the total surface area of the buildings mentioned on the building permit for the property programme. For the bodies referred to in a of this 7°, the proportion exceeds 80%.
In the event of failure to complete the premises by the deadlines specified in a and b respectively, the transferee is liable for a fine equal to 10% of the transfer price stated in the deed. In the event of a company merger, the commitment entered into by the transferee is not broken if the absorbing company undertakes, in the merger deed, to take the place of the absorbed company in complying with the commitment to complete the premises within the remaining period. Failure by the acquiring company to comply with the undertaking to complete the premises will result in the application of the fine provided for the transferee.
This 7° does not apply in neighbourhoods covered by an agreement under article 10-3 of the French urban planning and renewal law no. 2003-710 of 1st August 2003;
This 7° does not apply in neighbourhoods covered by an agreement under article 10-3 of the French urban planning and renewal law no. 2003-710 of 1st August 2003.
8° which are sold until 31 December 2023 to a local authority, a competent public inter-communal cooperation body or a public land institution mentioned in articles L. 321-1 and L. 324-1 of the French Town Planning Code, with a view to their sale under the terms and conditions set out in a of 7° of this II.
The exemption is calculated in proportion to the habitable surface area of the social housing intended to be built in accordance with the fourth paragraph of the same 7°.
The benefit of the exemption is calculated in proportion to the habitable surface area of the social housing intended to be built in accordance with the fourth paragraph of the same 7°.
The benefit of the exemption is subject to the condition that the property is sold within a period of one year following its acquisition, extended to three years for sales carried out by a public land institution.
In the event of failure to comply with the condition, the property must be sold within a period of two years following its acquisition.
In the event of failure to comply with the transfer condition stipulated in the third paragraph of this 8°, the local authority, the public establishment for inter-municipal cooperation or the public land establishment shall pay the State the amount due under I of this article.
In the event of failure to comply with the transfer condition stipulated in the third paragraph of this 8°, the local authority, the public establishment for inter-municipal cooperation or the public land establishment shall pay the State the amount due under I of this article.
In the event of a breach of the commitment to complete the housing units by the end of the ten-year period referred to in a of 7° of this II, the body, company or association referred to by these provisions is liable for the fine provided for in the penultimate paragraph of the same 7°.
This 8° does not apply in neighbourhoods covered by an agreement under article 10-3 of the aforementioned law no. 2003-710 of 1 August 2003;
9° In respect of the transfer of a right to raise a building by 31 December 2024 at the latest, provided that the transferee undertakes to build and complete exclusively premises intended for residential use within a period of four years from the date of acquisition. If the transferee fails to comply with this undertaking, he or she is liable for a fine equal to 25% of the transfer value of the right to build on the property. This fine is not payable in the event of redundancy, disability corresponding to classification in the second or third of the categories provided for in article L. 341-4 of the Social Security Code or the death of the transferee or of one of the spouses subject to joint taxation. Nor is it due if the transferee fails to honour his or her commitment due to exceptional circumstances beyond his or her control. In the event of a company merger, the commitment entered into by the transferee is not broken if the absorbing company undertakes, in the merger deed, to take the place of the absorbed company in complying with the commitment to complete the premises within the time remaining. Failure by the acquiring company to comply with the undertaking to complete the premises will result in the application of the fine provided for the transferee.
III. – The provisions of I do not apply to capital gains realised by holders of old-age pensions or the “mobility inclusion” card bearing the “disability” mention mentioned in article L. 241-3 of the Code de l’action sociale et des familles who, in respect of the penultimate year preceding that of the transfer, are not liable for property wealth tax and whose reference tax income does not exceed the limit provided for in I of article 1417, assessed in respect of that year.
IV. – I does not apply to divisions that relate to movable or immovable property that is part of an estate or a marital community and that are solely between the original members of the joint ownership, their spouse, ascendants, descendants or universal beneficiaries of one or more of them. The same applies to shares of undivided property resulting from a shared gift and shares of undivided property acquired by partners who have entered into a civil solidarity pact or by spouses, before or during the pact or marriage. These divisions are not considered to transfer ownership to the extent of the balances or capital gains.
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