Real estate France: New declaration to be filed by 30 June 2023 at the latest

Taxpayers must submit the occupancy declaration for residential premises by 30 June 2023 at the latest. If the deadline is missed, there is a penalty of EUR 150 per building. The new tax obligation applies to natural and legal persons. The Ecovis experts know the details that owners must consider.

Since 1 January 2023, housing tax has been abolished for all principal residences and for all taxpayers. However, it still applies in the case of second homes and vacant premises. Consequently, owners are subject to a new reporting obligation set out in Article 1418 of the French Tax Code (FTC), relating to the occupancy of French residential real estate i.e., houses, apartments, garages, carparks, cellars. Failure to declare, as well as the omission or inaccuracy of the information provided, are subject to a tax fine of EUR 150 per property (Article 1770 terdecies of the FTC). Once submitted, this declaration must only be updated if there is a change to the details.

Which owners are concerned?

• Individuals: owners, joint owners of real estate, a usufructuary
• Legal entities: any kind of companies or entities (trust included) owning residential premises

What information must be declared?

• The terms of occupation of the premises (personally, by third parties)
• The nature of the occupation: main residence, secondary residence, rented premises, premises occupied free of charge, vacant premises (unfurnished and unoccupied)
• The identity of the occupants (natural person: surname, first name, date of birth, place of birth / legal person: name, identification number)
• The period of occupation (or vacancy) of the premises(s) they own (beginning, end of the period of occupancy)
• In the case of seasonal rentals: the beginning of the seasonal rental period and the terms of the property management (self-managed, or under rental contract with manager), the SIREN of the manager or that of the owner if applicable, the possible classification as furnished tourism
• The monthly rent amount is optional for the time being

If you need assistance in meeting this new obligation, please contact us before 30 June 2023.

Vanessa Raindre, Tax partner, MD Legal, Paris, France

How to declare?

• For individuals, the declaration shall be made through their personal account on impots.gouv.fr under the section “manage my real estate”
• For legal entities, the declaration shall be made on their professional account (warning: this requires opening, beforehand, the service “manage my real estate”)

Normally, the properties that are subject to the filing requirements are shown on the website www.impots.gouv.fr. If not, the taxpayer must inform the tax administration. Filing the declaration also provides an opportunity to check whether the information held by the tax administration on a property is correct: nature and address of the property, batch number, precise location (building, staircase or entrance, level, door), cadastral references, surface, number of rooms etc.

For further information please contact:

Vanessa Raindre, Tax partner, MD Legal, Paris, France
Email: vanessa.raindre@mdlegal.fr