The framework: article 244 bis A of the French Tax Code

Any capital gain realised by a non-resident on the sale of a property located in France is subject to a specific withholding (art. 244 bis A of the CGI), assessed and paid by the notaire when the deed is registered. The regime depends first and foremost on the capacity of the seller: an individual, a company, or a “transparent” partnership.

1. Sale by an individual

Rates

Item	Rate
Income tax (244 bis A withholding)	19 %
Social levies (standard rate)	17.2 %
… or solidarity levy alone (EEA / Switzerland / UK affiliates)	7.5 %
Seller established in a non-cooperative State (NCST)	75 %

Combined: 36.2 % (19 % + 17.2 %) for a resident of a third State; 26.5 % (19 % + 7.5 %) for a person affiliated to the social-security scheme of an EEA State, Switzerland or the United Kingdom, on proof. The 19 % rate applies whatever the country of residence, except for a non-cooperative State (75 %).

Computing the gain

Gross gain = sale price − adjusted acquisition price. The acquisition price may be increased, at the seller’s option, by a flat 7.5 % acquisition-cost allowance (or actual costs) and, for a built property held for more than 5 years, by a flat 15 % works allowance (or actual works evidenced by invoices). The sale price is net of costs borne by the seller (agency, surveys…). (arts. 150 V, 150 VA, 150 VB CGI)

Exemptions specific to individuals

• Former main home in France of the non-resident: full exemption if the sale takes place no later than 31 December of the year following the transfer of tax residence abroad, the property having remained at the seller’s free disposal (art. 244 bis A I).
• Non-residents’ exemption capped at €150,000 of net gain (art. 150 U II 2°): EEA national, previously tax-resident in France for at least 2 years, sale within 10 years of departure; once per taxpayer.
• Small sales: sale price ≤ €15,000 (art. 150 U II 6°).
• Holding period: full exemption at 22 years (income tax) / 30 years (social levies).
• Pensioners and disabled persons of modest means, subject to income conditions (art. 150 U III).

Filing: form 2048-IMM, prepared and filed by the notaire (2048-TAB for building land).

2. Sale by a company (legal entity)

Where the seller is a company established outside France, the gain is taxed at the corporate-tax rate (the 244 bis A withholding being set against the corporate tax due); any excess is refundable to companies of an EU/EEA State (outside a non-cooperative State). The rate rises to 75 % for a company established in a non-cooperative State.

Specific basis: a notional depreciation of 2 % per year on the cost of the buildings increases the gain; there is no holding-period allowance and no 7.5 % (costs) or 15 % (works) flat allowance — only actual, evidenced costs and works are admitted.

Fiscal representative: appointment is systematic for companies established outside the EEA (and always for Liechtenstein); EEA companies are exempt.

3. Sale by a “transparent” partnership (e.g. SCI)

The partnership (an SCI/SNC not subject to corporate tax) files a single 2048-IMM return, but tax is assessed at the level of each partner, in proportion to their share and according to their capacity: an individual partner → the individuals’ regime (19 %, allowances, exemptions); a foreign company partner → corporate-tax rate; a partner in a non-cooperative State → 75 %.

Exemptions: the small-sale threshold (≤ €15,000) is assessed on the total price of the property; the “main home” exemption of art. 150 U II does not apply to sales by a company.

Fiscal representative (mixed rule): required where all partners are individuals whose non-resident shares exceed €150,000 and the property has been held for less than 30 years; always required as soon as a partner is a company outside the EEA.

Holding-period allowance schedule

Two independent schedules apply to an individual’s gain; no allowance for the first 5 years (art. 150 VC CGI).

Holding period	Income tax	Social levies
0 to 5 years	0 %	0 %
6th to 21st year	6 % / yr	1.65 % / yr
22nd year	4 % → exempt	1.60 %
23rd to 30th year	—	9 % / yr → exempt

→ Full income-tax exemption at 22 years, full social-levy exemption at 30 years.

Surtax on high gains (> €50,000)

An additional tax applies to net taxable gains (after allowances) above €50,000, realised by individuals (art. 1609 nonies G CGI). Building land is excluded. The rate is progressive from 2 % to 6 % (with smoothing at the band entries).

Net taxable gain	Rate
€50,001 – 100,000	2 %
€100,001 – 150,000	3 %
€150,001 – 200,000	4 %
€200,001 – 250,000	5 %
> €250,000	6 %

Social levies: 17.2 % or 7.5 %

The standard rate is 17.2 %. It is reduced to the 7.5 % solidarity levy alone (exemption from CSG/CRDS) for persons affiliated to a compulsory social-security scheme of an EEA State, Switzerland or the United Kingdom, on proof (de Ruyter case-law, codified since 2019).

The accredited fiscal representative

Appointing an accredited fiscal representative secures payment of the withholding. It is not required: for a seller resident in the EU/EEA (Liechtenstein excepted); where the sale price is ≤ €150,000 (per seller); or where the sale is exempt (notably by holding period). For companies established outside the EEA, appointment is systematic.

Filing and the notaire’s role

The gain is declared on form 2048-IMM (2048-TAB for building land, 2048-M for shares in property-rich companies). The notaire prepares the return, files it and pays the withholding when the deed is registered: the seller has no separate return to make for this withholding.

Sources: French Tax Code art. 244 bis A, 150 U, 150 V/VA/VB, 150 VC, 1609 nonies G, 238-0 A; official guidance BOI-RFPI-PVINR; impots.gouv.fr. General information current as at August 2026, not exhaustive and not personalised advice. Every sale calls for its own analysis, which we prepare with you.