The Buying Process - Property for sale in France - Cle France the French Property Network

Moving House, in French

Managing Le Déménagement – Moving In French

After a few more longues layovers I’ve settled into mon nouvel appartement (my new apartment). The whole process of moving was stressful, but not nearly as much as ma soutenance (my thesis defense).

After the holiday cheer died down and the sounds of Bonjour Noel were drowned out by the cries of “Bon Nouvel An !”, I had to start thinking about le déménagement (moving) during the cold months of winter.

Déménager (moving) always takes a long time and involves a lot of preparation. The process unfortunately doesn’t end once everything is moved. Settling in and unpacking can often take just as long as packing in the first place.

Préparer ses affaires

La première étape (the first step) is to préparer ses affaires (pack up your things). I wanted to make sure I got back mon dépôt de garantie (my security deposit) so I had to check chaque recoin (every nook and cranny) of mon ancien appartement (my old apartment) before leaving.

Looking over all mes affaires while cleaning up l’appartement, I had to either mettre dans un carton (put in a box) or jeter dans la poubelle (throw into the trashcan) everything I had!

Luckily I’m un pro de Tetris (a pro at Tetris) so fitting everything I wanted into les cartons (the boxes) was relatively easy.

Le Déménagement

La prochaine étape (the next step) was a bit more difficult. Once les cartons were ready, I had to figure out la logistique du déménagement (the logistics of moving).

I carried some of les cartons by myself, but the rest I had to send with la poste. Figuring out if I had the right assurance (insurance) for what I was sending was as hard as getting all of les cartons au bureau de poste (the boxes to the post office).

What followed was a stressful day of moving. I took all les cartons that I could and hoped the rest of mes affaires would arrive within a day or two.

S’installer

La dernière étape du déménagement (the last step of moving) is always the hardest and starts with having to déballer les cartons (unpack the boxes). Walking into un nouvel appartement filled with des cartons when all you want to do is dormir (sleep) can be un vrai casse tête (a real headache).

Cependant (however), this last step helps you really s’installer dans un nouveau logement (settle into a new place).

There is still a lot that needs to get done, but now that the hard part is done I just need to figure out where everything should go!

Club Clé France: Removals

You could simplify things by using a removal firm of course! we are proud to work in partnership with Hamiltons who have been offering an excellent removal service since the Company's formation in 1993.

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So... you have searched all the property for sale in France, or at least that is what it felt like! You have found your perfect French Property and Cle France have helped you through the buying process, all you need do now is figure out the best way to get you and your furniture to your new house in France! it's easy.

For everything you need to know about French property visit www.clefrance.co.uk

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French Vocabulary: Housing

Do you have a dream of changing your life drastically, whatever that entails, and moving to France?

Maybe you’re there already. Or maybe you want to make this drastic change for only two months, or even two days. Hotels can get very expensive when you are staying for longer periods of time. To keep it simple: let’s say you want to buy a house in France.

You have come to the right place already!

At Cle France you have a vast choice in one place and:

NO HIDDEN FEES: The price you pay is the same as anyone walking through the door of our agency in France, same as the price paid by the French buyer.

All quoted prices are INCLUSIVE OF AGENCY FEES (FAI): with Notaire's fees to be added (these average 7% to 8%).

OUR AGENTS: are all registered and insured in France, they are holders of the 'carte professionnelle'as required by French law.

So when you buy through Clé France: you have the benefit of a bi-lingual support team & can be confident that you are paying no more than the standard commission rates you would pay anyway.

CONTACT US: to discuss your search for property in France, or indeed for any further information you may require on French property sales.

Property Finding Service: We will do a property search for you to match your criteria but also you can try our Advanced Search: including saving your favourites and getting updates of new properties for sale in France and price reductions direct into your inbox, and you can also add your comments toour blog pages - simply sign up for your own account here.

Here’s a list of vocabulary that will help you in France during a viewing trip, although our agents speak English:

Vocabulaire:

Immobilier - Estate Agency

les pièces — rooms (the French don’t use the number of bedrooms as a reference for the capacity of an apartment or house, but rather they count based on the number of livable rooms, excluding bathrooms and the kitchen)

le loyer — rent

location — rental

la surface — the square footage; area

la maison — house

l’appartement — apartment

le terrain — land

le prêt immobilier — real estate loan, or mortgage

l’impôt immobilier — real estate tax

l’agent immobilier — real estate agent

l’agence immobilier — real estate agency

louer — to rent

acheter — to buy

le bâtiment — the building

le bailleur — the landlord

le bail — the lease

charges (non) comprises — charges (not) included

commission (non) comprise — commission (not) included

le dépôt de garantie — security deposit

meublé — furnished

le propriétaire — the owner

Hope these few words help a little.

Blog submitted by: Alex at The French Property Network - Cle France.

This blog was originally posted on The French Language Blog pages.

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Case Study: non-married couples and French property

The following case study shows the importance for non-married couples to take legal & tax advice when purchasing properties in France.

In contrast to married couples, non-married couples ('concubins') have low legal protection and are subject to very high inheritance tax (at a rate of 60%) in France.

Question:

My partner and I live in a house in France, owned by my partner. My partner would like to make a Will which allows him to leave the house upon his death to his brother and his brother’s children, but should I still be living (I am 10yrs younger than my partner), to also allow me to continue to live in the house until my death. The house then passing to the brother and his children on my death. Please advise if the wishes of this Will would this be possible.

For your information: Neither my partner or myself have children. We are not married. We do not want to get married. I do not wish to have a legal right to the property, as I wish the property to go to my partner’s family and do not want it to become part of my estate. My partner is 61 and I am 51 years old.

Our answer:

As you and your partner are not married, you have no legal rights to stay in your partner’s property until your death unless you both take legal measures now to protect your interests.

Because your partner has no children, he is free to bequeath his property to whoever he wishes to. In France, only children are privileged heirs and must receive a minimum proportion of the estate.

To resolve this, your partner would need to make a will bequeathing you the “usufruit” (the right to use and enjoy the property until your death) of the property and the “nue-propriété” (bare ownership) to his brother and nephews. Upon your death, the “usufruit” will then be transferred “in fine” to your partner’s heirs.

Perhaps, the preferred and safer solution for you would be if your partner now offered you (via a lifetime gift) the “usufruit” of the property without waiting for the will to be drawn up, partly because a will is normally confidential and could be amended by your partner at any time during his life.

In view of above, I must advise you that you will have to pay inheritance or gift taxes at a rate of 60% of the 'usufruit' ‘s value.

The value of the 'usufruit' will depend on your age at the time you receive it. It will be calculated in accordance with the following scale:

10% of the property value, if the usufructuary (the person receiving the 'usufruit') is over 91 years old

20% of the property value, if the usufructuary is between 81 and 90 years old

30% of the property value, if the usufructuary is between 71 and 80 years old

40% of the property value, if the usufructuary is between 61 and 70 years old

50% of the property value, if the usufructuary is between 51 and 61 years old

For example, if the property current value is €200,000.00 and you receive today the “usufruit”, the value of the “usufruit” will amount to €100,000.00 (50% of the property value). You will have to pay inheritance or gift taxes of €60,000.00 (60%).

As you and your partner do not wish to get married, a solution to minimise your tax liability would be to enter into a PACS (“Pacte Civile de Solidarité” or French Civil Partnership), with the aim to organise the division and possession of your respective assets. The PACS can be possible only if you are currently residing in France and there are no inheritance taxes between PACS partners on death. PACS partners benefit from a tax allowance of €80,724.00 on life time gifts and are taxed on the balance increasing progressively from 5 per cent to 45 per cent.

This article was written by Loic Raboteau, French Legal Advisor and director of French Legal Consulting.

Francophile legal Consulting can assist you with international property matters. For more information on this topic, please do not hesitate to contact Loic Raboteau, managing director by completing the form below.

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A little more about FRANCOphile Legal Consulting Ltd.

The company was created in response to the need of legal experts for international private clients and businesses. People are no longer confined within their own country boundaries to work, create a business or purchase assets. National, international laws and new technology have enabled people and businesses to move and expand internationally, creating a demand to resolve cross-border issues.

We are a London-based legal consultancy company dedicated to addressing our clients’ international needs. Whether you are a private individual moving or investing in a foreign country, an entrepreneur, or a business willing to expand internationally, FRANCOphile Legal Consulting Ltd will cater your specific requirements and will look after your interests in the short and long term.

Benefiting from an extensive network of international lawyers, solicitors, accountants and financial advisors based in London and in several jurisdictions, FRANCOphile Legal Consulting Ltd is able to handle your interests in different countries around the world.

Our approach and solutions are tailored to our clients’ needs. We believe that our clients are unique and warrant distinctive service.

Our international coverage includes France, London, Tunisia, Morocco, Egypt and Mauritius. If you would like to know more about us then fill out the contact form above and we will be right back to you.

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Capital Gains Tax for non-residents

A comparative overview of capital gains tax for non-residents in France and UK

Since reforms taken by the French government in 2012, France has been seen by international property investors as being not tax friendly in comparison with the UK.

In addition to a capital gains tax (CGT) of 19%, non-residents had to pay in addition social charges (15.5%) making the tax bill an overall 34.5% of the net gains. Until recently, non-UK residents did not have to pay CGT on the disposal of their UK property, making the UK a primal choice for international investors.

The above tax overview has since changed.

Fortunately for French property investors, the European Court of Justice has sanctioned the French tax regime entailing a cumulative application of social security legislation of two Member States. The court ruled on the 26th February 2015 that this tax accumulation is contrary to European law, and therefore prohibited between Member States (European Regulation no 1408/71 whose purpose is to ensure the freedom of workers within EU).

Following this court ruling, we are expecting soon the French government to remove the taxation of social charges on non-residents.

Since the 1st January 2015, France has also fixed its CGT rate at 19% for all property owners, whether they are residing in EU or outside EU. Until the 31st December 2014, property owners, residing outside EU, Lichtenstein, Island or Norway had to pay a special CGT rate of 33.33%. This tax reduction only applies for individual owners. The rate remains at 33.33% for companies.

In UK, since 6 April 2015, non-UK resident persons (including individuals, trustees, personal representatives and certain closely-held companies), are subject to CGT on disposals of UK residential property. Non-resident individuals are now subject to CGT at the same rates as UK-resident individuals.

The following CGT rates apply in UK on non-residents:

18% or 28% (depending on the level of incomes) for individuals on gains above the annual exempt amount (the annual exemption for 2015/16 is £11,100)

28% for trustees or for personal representatives of someone who has died who is non-resident

20% for companies

Unlike the UK, France offers tapered reliefs to individual depending on the length of time the property was owned. Individual are exempt from CGT after 22 years. Tapered reliefs start from the 6th year of ownership, as follows:

No allowance for the first 5 years of ownership.

Between 6 and 21 years of ownership: 6% allowance per year.

For the final 22nd year of ownership: 4% allowance.

In conclusion, after the recent EU court ruling sanctioning the taxation of social charges on non-residents and the extension of CGT to non-residents in UK, the French tax regime for non- residents has become more competitive within the overseas property market and therefore attractive for international investors.

The golden rule for property investments will always remain “location, location, location!” but non-residents willing to invest in property in UK or France should take legal and tax advice after taking consideration of their personal situation, the country of their residence (UK and France have indeed special rules to establish in which country an individual is a tax resident) and existing double taxation treaties.

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Social Charges on non-residents is contrary to EU Law

The European Court of Justice ruling: social charges on non-residents is contrary to EU law.

All income generated by property assets held by individuals residing in France are subject to social charges. The amended Finance Act for 2012 extended the scope of the payment of social charges to real income and real estate gains, from French sources received by non-resident individuals.

Since 2012, many non-French residents selling or letting their French properties had to pay those additional charges (15.5%) in addition to their capital gains or income taxes. This tax addition was highly criticised by the non-French residents as being discriminatory. A risk of double taxation was created on tax payers residing in a Member State.

The European Court of Justice in a judgment delivered on 26 February 2015, was asked to rule on the validity of the levy of social charges on patrimonial incomes perceived by a French-resident working in another Member State (Netherlands) of the European Union.

As expected, the Court has sanctioned the French tax regime entailing a cumulative application of social security legislation of two States. The court rules ruled this tax- accumulation is contrary to European law, and therefore prohibited between Member States (European Regulation no 1408/71 whose purpose is to ensure the freedom of workers within EU).

The court ruling is applicable to a French tax resident subject to the social security scheme of another Member State, and also applies to residents of another Member State when they are subject to social charges in France on their French property gains or incomes.

This decision should thus facilitate litigation cases already pending in France, opening the way for new claims for reimbursement of undue levies collected.d France have indeed special rules to establish in which country an individual is a tax resident) and existing double taxation treaties.