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Living France - - Les Pratiques -

The French gov­ern­ment has an­nounced it will re­fund tax agents’ fees that UK res­i­dents had to pay on the sale of French prop­er­ties be­fore 1 Jan­uary 2015.

Be­fore this date, non-French res­i­dents who were sell­ing French prop­erty were re­quired to ap­point a représen­tant fis­cal (tax agent) to cal­cu­late how much cap­i­tal gains tax the seller had to pay.

Ac­cord­ing to so­lic­i­tor David An­der­son, the ne­ces­sity of hav­ing a tax agent was chal­lenged on the ba­sis that French law dif­fers from EU law and the mat­ter was then taken to the Euro­pean Court, where the charge was abol­ished.

Those who are el­i­gi­ble for a re­fund are ad­vised to make their claim as soon as pos­si­ble at the French tax of­fice as lim­i­ta­tion pe­ri­ods ap­ply. It is ad­vis­able to make the claim by the end of the sec­ond cal­en­dar year fol­low­ing the year that the prop­erty was sold. This change in law only ap­plies to EU res­i­dents; sell­ers from out­side the EU still have to ap­point a tax agent.

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