Exchanges of immovable property are subject to land registration tax or 5% registration duty.
The tax or duty is levied on the value of one of the shares where there is no return. If there is a return, the tax, or duty, is paid at the rate of 5% on the lesser portion, and as for sale on the return or capital gain. Returns are subject to the taxation provided for in article 683.
The properties, whatever their nature, are estimated according to their real market value on the date of the transfer, based on the estimated declaration of the parties.
However, if, in the two years preceding or following the deed of exchange, the properties transferred have been the subject of an auction, either by judicial authority or voluntarily, with the admission of foreigners, the taxes payable may not be calculated on a sum lower than the auction price, with the addition of all capital charges, unless it can be justified that the consistency of the properties has undergone, in the interim, transformations likely to alter their value.