Frequently asked questions about Immobilier

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I am in joint ownership (indivision) with my brothers over a real estate property located in Corsica, following the death of our mother. I understand that if my brother buys out our shares, we may be exempt from the partition duty. Is this correct?

Reminder: The partition duty is levied by the French tax administration when co-owners agree to terminate the joint ownership by allocating the jointly owned property to one of them. Except in specific cases, this duty is set at 2.5% of the net value of the assets being divided. Answer: Yes…
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Following the death of our mother, my brothers and I found ourselves in joint ownership of a property. As one of them had debts, his creditor applied to the courts for the property to be divided up, [...]

[...] leading the judge to decide that the property should be sold by auction. Is there any way to prevent the property from being sold at auction? Yes, article 815-17 of the French Civil Code stipulates that when the personal creditors of an undivided co-owner initiate partition, " the co-owners…
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I wish to sell a parking space (€9,000) and an apartment (€250,000), which is my secondary residence, to the same buyer. Will the parking space be subject to capital gains tax?

Yes. The €15,000 exemption threshold for capital gains tax is assessed per sale and per buyer. According to BOFiP BOI-RFPI-PVI-10-40-70 §80, if multiple lots are sold to the same buyer in a single transaction, the total sale price is considered. Therefore, to benefit from the exemption for the parking space…
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My husband and I bought a plot of land and built our second home ourselves. We now want to sell it. For the purpose of calculating the capital gain, which acquisition date should be used? Can the cost of materials be included?

The holding period for calculating real estate capital gains tax starts from the date of the deed of acquisition of the land, not the completion date of the construction works (BOI-RFPI-PVI-20-20). The acquisition price may be increased by construction expenses for their actual amount, provided the works were carried out…
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I am selling a property at auction to be held at my notary’s office. Am I required to provide the mandatory technical inspections for the sale?

Yes. The law provides that in the case of a public sale, the technical inspection report must be attached to the terms and conditions of sale (Article L271-4, I of the French Construction and Housing Code). The technical inspections (such as lead and asbestos checks) are documents prepared by a…
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