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Yes. When an SCI is subject to income tax, the rules governing the taxation of capital gains are the same as those applicable to individuals (rates, allowances based on the length of ownership, etc.) (Art. 150 U of the French General Tax Code and BOI-RFPI-PVI-10-10).

You must report it each year on your income tax return. Rent from unfurnished property is taxed as property income (under the micro-foncier regime if your annual gross income is less than €15,000 per year, or under the actual-expenses regime if it is higher) (Arts. 14 and 32 of the…

No. An SCI requires at least two members (individuals or legal entities). It is therefore not possible to create a single-member SCI, unlike other forms of company (such as an EURL, for example) (French Civil Code, Art. 1832).

Yes. An acknowledgement of debt may be executed as a private deed if it states the amount of the debt in figures and words and bears the signature of the person undertaking the obligation (French Civil Code, Art. 1376). It may also be drawn up as an authentic instrument. A…

It depends. If it is the family home, even if it is owned exclusively by one spouse, the other spouse’s consent is required for the sale (French Civil Code, Art. 215, para. 3). This rule protects the family home and prevents the family from being left without a place to…

Yes, through a testamentary partition, which allows you to divide and allocate your assets among your children. This will reduce the risk of conflict between your heirs (French Civil Code, Art. 1075).

Yes. Whenever real property is involved (a house, garage, plot of land, etc.), the deed of sale must be executed by a notary for the purposes of land registration (French Civil Code, Art. 710-1, para. 1).

Yes. Any co-ownership agreement governing the management arrangements for jointly owned real property must be executed as a notarised deed. Indeed, to make it enforceable against third parties, the agreement is subject to land registration formalities (French Civil Code, Arts. 815-1, 1873-2 and 710-1, para. 1).

Payments made or received by notaries on behalf of their clients in connection with an authentic instrument subject to land registration formalities must be made by bank transfer where they exceed €3,000. Outside the scope of this rule, other payment methods may be used.

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A de facto separation is a situation in which spouses no longer live together. It may occur either by mutual agreement or because one spouse has left the family home.

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Different payment methods at a notary’s office

Marriage: What are the consequences of a De Facto separation?

I am a member of an SCI subject to income tax (tax-transparent). The authorised manager is selling one of the SCI’s properties. Will it be subject to real estate capital gains tax?

I am the landlord of an unfurnished property. How do I declare my rental income to the tax authorities?

Can I set up an SCI (société civile immobilière) on my own?

I would like to draw up an acknowledgement of debt. I have heard that using a notary is not mandatory. Is this true?

I am married without a marriage contract and own separate property that I paid for in full before getting married. Do I need my spouse’s consent to sell it?

My children do not get along, so I would like to determine how the assets they will inherit when I die are to be divided. Is this possible?

I would like to buy a garage. Am I required to use a notary?

I jointly own a property with my sister following our mother’s death. If we want to draw up a co-ownership agreement, do we need to go to a notary?