I. – A. – Taxpayers who acquire, between 1 January 2013 and 31 December 2024, while they are domiciled in France within the meaning of Article 4 B, a new dwelling or a dwelling in the future state of completion in a collective dwelling building benefit from an income tax reduction provided that they undertake to rent it bare for use as their main residence for a minimum period set, at the taxpayer’s option, at six years or nine years. This option, which is exercised when filing the tax return for the year in which the property is completed or acquired if later, is irrevocable for the property in question.
The tax reduction applies, under the same conditions, to the shareholder of a company not subject to corporation tax, other than a société civile de placement immobilier, when the acquisition of the property is made, while the shareholder is domiciled in France within the meaning of the same Article 4 B, through such a company and on condition that the shareholder undertakes to retain all of his or her shares until the expiry of the rental commitment mentioned in the first paragraph.
B. – The tax reduction also applies under the same conditions:
1° To housing located in a collective residential building that the taxpayer has built and that is the subject of a building permit application filed between 1 January 2013 and 31 December 2024;
2° To housing that the taxpayer acquires between 1 January 2013 and 31 December 2024 and that is or has been the subject of work contributing to the production or delivery of a new building within the meaning of 2° of 2 of I of article 257 ;
3° Housing that does not meet the decency requirements, as set out in the article 6 of law n° 89-462 of 6 July 1989 tending to improve rental relations and amending law n° 86-1290 of 23 December 1986, which the taxpayer acquires between 1 January 2013 and 31 December 2024 and which is or has been the subject of renovation work, defined by decree, enabling the dwelling to acquire technical performance close to that of a new dwelling ;
4° To premises used for purposes other than housing that the taxpayer acquires between 1 January 2013 and 31 December 2024 and that are being or have been converted into housing.
5° To housing that the taxpayer acquires between 1 January 2019 and 31 December 2023 and which is or has been the subject of improvement work defined by decree, as well as to premises used for purposes other than housing that the taxpayer acquires between 1 January 2019 and 31 December 2023 and which is or has been the subject of work to convert it into housing. The amount of the work, invoiced by a company, must represent at least 25% of the total cost of the operation.
C. – Completion of the dwelling must take place within thirty months of the date of signature of the deed of purchase, in the case of a dwelling acquired in a future state of completion, or the date of obtaining planning permission, in the case of a dwelling that the taxpayer has built.
For housing that undergoes the work mentioned in 2° to 5° of B after acquisition by the taxpayer, completion of this work must occur no later than 31 December of the second year following that of the acquisition of the premises or housing concerned.
For dwellings that have undergone the work mentioned in the same 2° to 5° prior to acquisition by the taxpayer, the tax reduction applies to dwellings that have not been used or occupied in any capacity whatsoever since completion of the work.
D. – The tenancy may not be entered into with a member of the taxpayer’s tax household or, where the property is owned by a company not subject to corporation tax, other than a société civile de placement immobilier, with one of the partners or a member of the tax household of one of the partners.
Leasing the property to a public or private organisation that sublets it bare for use as a main residence to a person other than one of those mentioned in the first paragraph does not prevent the tax reduction from being granted, provided that this organisation does not provide any hotel or para-hotel services.
The tax reduction does not apply to housing where the right of ownership is dismembered or to housing owned by a company not subject to corporation tax, other than a non-trading property investment company, where the right of ownership of the units is dismembered.
It is also not applicable to buildings classified or registered as historic monuments or having received the label issued by the “Heritage Foundation”, mentioned in the first paragraph of 3° of I of Article 156, and to housing financed by means of a loan mentioned in Article D. 331-1 of the Construction and Housing Code.
E. – A taxpayer may not, for the same dwelling, benefit at the same time from m of 1° of I of Article 31, one of the tax reductions provided for in articles 199 undecies A, 199 undecies C and 199 tervicies and the tax reduction provided for in this article.
F. – Expenditure on works used to calculate the tax reduction provided for in this article may not be deducted when determining property income.
II. – The tax reduction applies to homes for which the taxpayer can demonstrate compliance with an overall energy performance level set by decree according to the type of home concerned.
III. – The rental agreement referred to in I must take effect within twelve months of the date of completion of the property or its acquisition, whichever is the later. This commitment stipulates that the rent and the tenant’s resources assessed on the date the lease is entered into must not exceed ceilings set by decree depending on the location of the property and its type.
The rent ceilings mentioned in the first paragraph may be reduced, under conditions defined by decree, by the State representative in the region after receiving the opinion of the regional housing and accommodation committee mentioned in the article L. 364-1 of the Code de la construction et de l’habitation, in order to be adapted to the specific characteristics of local rental markets.
IV. – Subject to the provisions of IV bis, the tax reduction applies exclusively to housing located in communes classified, by order of the ministers responsible for the budget and housing, in geographical areas characterised by a significant imbalance between housing supply and demand resulting in difficulties in accessing housing in the existing rental stock and to housing located in communes whose territory is covered by a contract for the revitalisation of a defence site or has been covered within a period of eight years prior to the investment.
IV bis.-.The tax reduction referred to in 5° of B of I applies exclusively to housing located in communes where there is a particularly marked need to rehabilitate town centre housing or which have entered into an agreement for a territorial revitalisation operation as provided for in Article L. 303-2 of the French Construction and Housing Code. The terms and conditions for the application of this IV bis, in particular the list of municipalities that meet the condition relating to the need to rehabilitate housing in town centres, are set by order of the ministers responsible for housing and the budget.
V. – A. – The tax reduction is calculated on the cost price of no more than two dwellings, subject to a ceiling per square metre of habitable surface area set by decree and without being able to exceed the limit of €300,000 per taxpayer and for a single tax year.
When the tax reduction is acquired under 2° to 5° of B of I, the cost price mentioned in the first paragraph of this A refers to the purchase price of the premises or dwelling plus the price of the works.
B. – Where the property is jointly owned, each joint owner benefits from the tax reduction up to the proportion of the cost price corresponding to his or her rights in the joint ownership.
Where the properties are owned by a company not subject to corporation tax, other than a société civile de placement immobilier (non-trading property investment company), the taxpayer benefits from the tax reduction up to the proportion of the cost price corresponding to his or her rights in the properties concerned.
VI. – The rate of the tax reduction is set at:
1° 12% when the rental commitment mentioned in I is made for a period of six years. By way of derogation, this rate is set at 10.5% for acquisitions, other than those mentioned in 5° of B of I, made in 2023 and for the constructions mentioned in 1° of the same B for which the building permit has been filed that same year ; it is set at 9% for acquisitions, other than those referred to in 5° of the said B, made in 2024 and for constructions referred to in 1° of the same B for which planning permission has been submitted that same year;
2° 18% when the rental commitment referred to in I is made for a period of nine years. By way of derogation, this rate is set at 15% for acquisitions, other than those mentioned in 5° of B of I, made in 2023 and for constructions mentioned in 1° of the same B for which planning permission has been submitted that same year; it is set at 12% for acquisitions, other than those mentioned in 5° of the same B, made in 2024 and for constructions mentioned in 1° of the same B for which planning permission has been submitted that same year.
VII. – The tax reduction is spread over six or nine years, depending on the length of the rental commitment. It is granted in respect of the year of completion of the property, or of its acquisition if later, and deducted from the tax due in respect of that same year, then from the tax due in respect of each of the following five or eight years at the rate of one-sixth or one-ninth of its total amount in respect of each of these years.
If the taxpayer’s tax domicile is transferred outside of France during this period, the tax reduction is deducted, under the conditions provided for in the first paragraph of this VII, from the tax established under the conditions provided for in Article 197 A, before deducting non-liberating levies or deductions. It may not be reimbursed.
VII bis. – A. – At the end of the period covered by the rental commitment mentioned in I, when the property remains rented for a three-year period under the conditions set out in III, the taxpayer may continue to benefit from the tax reduction provided for in this article, on condition that he extends his initial commitment for a maximum of:
1° Three additional years, renewable once, if the rental commitment mentioned in I was for a period of six years. In this case, the tax reduction is equal to 6% of the cost price of the home, mentioned in A of V, for the first three-year period and 3% for the second three-year period. By way of derogation, the tax reduction is equal to 4.5% for the first period and 2.5% for the second period for acquisitions, other than those mentioned in 5° of B of I, made in 2023 and for the constructions mentioned in 1° of B of I for which the building permit has been filed that same year; it is equal to 3% for the first period and 2% for the second, for acquisitions, other than those mentioned in 5° of the said B, made in 2024 and for the constructions mentioned in 1° of the same B for which the building permit was submitted that same year;
2° Three additional years, if the rental commitment mentioned in I was for a period of nine years. In this case, the tax reduction is equal to 3% of the cost price of the home, mentioned in A of V, for this three-year period. By way of derogation, the tax reduction is equal to 2.5%, for acquisitions, other than those mentioned in 5° of B of I, made in 2023 and for constructions mentioned in 1° of the same B for which the building permit was filed that same year; it is equal to 2% for acquisitions, other than those mentioned in 5° of the said B, made in 2024 and for constructions mentioned in 1° of the same B for which the building permit was filed that same year.
B. – For the application of A of this VII bis, the tax reduction is deducted, per three-year period, at the rate of one-third of its amount from the tax due in respect of the year during which the rental commitment was extended and the following two years.
If the taxpayer’s tax domicile is transferred outside France during this period, the tax reduction is deducted, under the conditions set out in the first paragraph of this B, from the tax established under the conditions set out in article 197 A, before deducting non-liberating levies or deductions. It may not be reimbursed.
VIII. – A. – The tax reduction is applicable, under the same conditions, in respect of the subscription by taxpayers, while they are domiciled in France within the meaning of article 4 B, of units in non-trading property investment companies governed by paragraph 4 of sub-section 2 of section 2 of chapter IV of title I of book II of the monetary and financial code whose share of income is, pursuant to article 8 of this code, subject in their name to income tax in the property income category.
B. – The tax reduction, which does not apply to securities whose ownership is split, is subject to the condition that 95% of the subscription is used exclusively to finance an investment for which the conditions for application of this article are met. The proceeds of the annual subscription must be fully invested within eighteen months of the end of the subscription period.
C. – The company must undertake to rent the property under the conditions set out in this article. The shareholder must undertake to retain all of his shares until the end of the rental commitment entered into by the company.
D. – The tax reduction is calculated on 100% of the amount of the subscription retained within the limit of €300,000 per taxpayer and for a single tax year.
E. – The rate of the tax reduction is set at:
1° 12% for subscriptions used to finance housing subject to a six-year rental commitment. By way of derogation, the rate of the reduction is set at 10.5% for subscriptions made in 2023 and 9% for those made in 2024;
2° 18% for subscriptions used to finance housing subject to a rental commitment made for a period of nine years. By way of derogation, the rate of the reduction is set at 15% for subscriptions made in 2023 and 12% for those made in 2024.
F. – The tax reduction is spread over six or nine years, depending on the length of the rental commitment. It is granted in respect of the year of subscription and deducted from the tax due in respect of that same year, then from the tax due in respect of each of the following five or eight years at the rate of one-sixth or one-ninth of its total amount in respect of each of those years.
If the taxpayer’s tax domicile is transferred outside of France during this period, the tax reduction is deducted, under the conditions provided for in the first paragraph of this F, from the tax established under the conditions provided for in Article 197 A, before deducting non-liberating levies or deductions. It may not give rise to reimbursement.
IX. – (Repealed).
X. – The total amount of expenditure deducted for the application of this article in respect of, on the one hand, the acquisition or construction of housing and, on the other hand, subscriptions for securities may not exceed a total of €300,000 per taxpayer and for the same tax year.
X bis.-The amount of direct and indirect fees and commissions charged in respect of a single acquisition of housing entitling the tax reduction provided for in this article by individuals or legal entities carrying out, in respect of the acquisition, an advisory or management activity within the meaning of Article L. 321-1 of the Monetary and Financial Code, an act of canvassing within the meaning of article L. 341-1 of the same code or an intermediation activity in various goods within the meaning of article L. 551-1 of the said code or who engage in or lend their assistance to the transaction within the meaning of the article 1 of law no. 70-9 of 2 January 1970 regulating the conditions of exercise of activities relating to certain transactions involving real estate and business assets may not exceed a ceiling expressed as a percentage of the cost price and set by decree.
For the purposes of this X bis, direct and indirect fees and commissions mean fees and commissions paid by the developer or vendor to the intermediaries mentioned in the first paragraph.
These provisions apply to all acquisitions of housing mentioned in A of I, for which the purchaser claims the benefit of the tax reduction provided for in this article.
An estimate of the amount of direct and indirect fees and commissions actually charged as well as their share of the cost price are communicated to the purchaser when the contract provided for in Article L. 261-15 of the French Construction and Housing Code. The final amount of these fees and commissions is set out in the deed of purchase of the property.
Any excess of the ceiling provided for in the first paragraph of this X bis is subject to an administrative fine payable by the seller who co-signs the deed of purchase. The amount of this fine may not exceed ten times the costs in excess of the ceiling.
XI. – A. – The tax reduction obtained is subject to a reversal in respect of the year during which:
1° The breach of one of the commitments mentioned in I, VII bis or VIII occurs;
2° The dismemberment of the right of ownership of the property concerned or the units. However, no reversal is made where the dismemberment of this right or the transfer of ownership of the property results from the death of one of the members of the couple subject to joint taxation and where the surviving spouse who is the assignee of the property or the holder of its usufruct undertakes to comply with the commitments set out in I, VIIa and, where applicable, VIII, under the same terms and conditions, for the period remaining to run on the date of death.
B. – No recovery is made in the event of disability corresponding to classification in the second or third of the categories provided for in the article L. 341-4 of the Social Security Code, redundancy or death of the taxpayer or one of the members of the couple subject to joint taxation.
XII. – The investments mentioned in I and VIII and relating to housing located in Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia and the Wallis and Futuna Islands or to subscriptions used under the conditions defined in B and C of VIII to finance such housing are entitled to the tax reduction provided for in this article under the same conditions, subject to the following adaptations:
1° II does not apply to Mayotte. It is applicable to Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia and the Wallis and Futuna Islands under conditions set by decree and from the entry into force of that decree;
2° The rent and tenant resource ceilings mentioned in III may be adapted by decree;
3° By way of derogation from VI and E of VIII, the rate of the tax reduction is set at :
a) 23% when the rental commitment mentioned in I is made for a period of six years and for subscriptions used to finance housing that is the subject of a rental commitment made for a period of six years. By way of derogation, this rate is set at 21.5% for acquisitions, other than those mentioned in 5° of B of the same I, made in 2023, for the constructions mentioned in 1° of the same B for which the building permit has been filed that same year and for the subscriptions mentioned in VIII made that same year; it is set at 20% for acquisitions, other than those mentioned in 5° of B of I, made in 2024, for the constructions mentioned in 1° of the same B for which planning permission has been submitted that same year and for the subscriptions mentioned in VIII made that same year;
b) 29% when the rental commitment mentioned in the same I is made for a period of nine years and for subscriptions used to finance housing that is the subject of a rental commitment made for a period of nine years. By way of derogation, this rate is set at 26% for acquisitions, other than those mentioned in 5° of B of I, made in 2023, for the constructions mentioned in 1° of B of I for which the building permit has been filed that same year and for the subscriptions mentioned in VIII made that same year; it is set at 23% for acquisitions, other than those referred to in 5° of B of I, made in 2024, for constructions referred to in 1° of the same B for which planning permission was filed that same year and for subscriptions referred to in VIII made that same year.