If you have an SCI and you answer YES to one of more of these questions then contact us

 

I offer furnished holiday accommodation under my SCI?

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I DON’T make an annual declaration for SCI even if there is zero income?

 

I have NEVER made a ‘Biens Immobiliers’ declaration for my SCI?

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A French SCI (Société Civile Immobilière) is a type of legal entity in France commonly used for real estate investments. It's a form of property ownership structure that allows individuals to pool their resources together to buy and manage real estate properties.

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SUMMARY

 

• This is a company that can be seen - 'transparent'.

• It is mainly designed so that unrelated individuals or families can co-own a property.

• It can help with inheritance tax by gifting shares in the property every 15 years.

• It registers the occupancy status of the property under Biens Immobiliers.

• A declaration of revenue must be submitted EVERY year otherwise your SCI will be made ‘dormant’ and you will have to reactivate your SCI which can be costly and complicated.

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OBLIGATIONS 

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• Create an SCI with the correct articles of association and rules.

• Make a declaration of revenue every year even when there is zero INCOME.

• Check and declare the OCCUPANY by updating the ‘Biens Immobiliers’.

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RENTAL INCOME 

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• You are not permitted to rent furnished holiday rental within an SCI, if you do, then you would be taxed under the ‘corporate tax (impôt sur les sociétés)’ and not under personal tax (l'impôt sur le revenue).

• You can rent unfurnished property in an SCI under the personal tax (l'impôts sur le revenue).

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Here are some key characteristics of a French SCI:

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• Legal Structure: An SCI is a legal entity created by two or more individuals (natural persons or legal entities) who pool their resources to jointly own and manage real estate properties.

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• Limited Liability: The liability of the members (shareholders) of an SCI is limited to their respective contributions to the SCI's capital. This means that the personal assets of the shareholders are generally protected from any liabilities incurred by the SCI.

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• Property Management: The primary purpose of an SCI is to own and manage real estate properties. It can buy, sell, rent, or lease properties on behalf of its shareholders.

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• Flexibility: SCIs offer flexibility in terms of management and decision-making. Shareholders can define the rules governing the operation of the SCI in its articles of association.

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• Tax Considerations: SCIs can offer tax advantages, especially in terms of succession planning and inheritance taxes. However, the tax implications can vary depending on factors such as the nature of the properties owned and the residency status of the shareholders.

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• Ownership Transfer: Shares in an SCI can be transferred relatively easily, allowing for changes in ownership without affecting the ownership of the underlying real estate properties.

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DRAWBACKS

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Overall, an SCI can be an attractive option for individuals looking to invest in real estate in France, providing a flexible and tax-efficient vehicle for property ownership and management. However, it's important for potential investors to seek professional advice to understand the legal and tax implications specific to their situation.

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While a French SCI (Société Civile Immobilière) can offer certain tax advantages, there are also potential disadvantages to consider, especially concerning taxation. Here are some possible drawbacks

 

• CorporateTaxation: Depending on the structure and activities of the SCI, it may be subject to corporate tax (impôt sur les sociétés) on its rental income or capital gains. This can result in taxation at the corporate level before distributing profits to the individual shareholders, leading to potential double taxation.

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• WealthTax (IFI): If the SCI owns substantial real estate assets, its shareholders may be subject to the French Wealth Tax (Impôt sur la Fortune Immobilière or IFI). This tax applies to individuals with net real estate assets above a certain threshold, potentially increasing the overall tax burden.

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• InheritanceTax: While SCIs can offer advantages in terms of succession planning, there may still be inheritance tax implications upon the transfer of shares or real estate properties held by the SCI. Careful planning is necessary to minimize potential tax liabilities for heirs.

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• Restrictionson Deductions: The tax deductibility of certain expenses incurred by the SCI, such as interest on loans, management fees, or property maintenance costs, may be limited or subject to specific conditions under French tax law. This can affect the overall tax efficiency of the SCI structure.

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• Anti-Avoidance Rules: French tax authorities have implemented anti-avoidance rules aimed at preventing abusive tax practices, including those involving SCIs. Failure to comply with these rules can result in additional taxes, penalties, or legal consequences.

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• Complexity and Compliance: Maintaining an SCI entails administrative and compliance obligations, including filing tax returns, keeping accounting records, and adhering to corporate governance requirements. These administrative burdens can increase costs and complexity for the shareholders.

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• Potential Changes in Tax Legislation: Tax laws and regulations are subject to change, and future revisions could affect the taxation of SCIs and their shareholders. Adapting to new tax requirements or restructuring the SCI may be necessary to mitigate adverse tax consequences.

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