As of January1, 2015, no need to appoint a tax representative

Until now, when a person (an individual or a company) who was not resident in France realised a capital gain on the disposal of French real estate or shares in a company principally invested in real estate, an accredited tax representative, who was responsible for calculating and paying the tax related to the capital gain had to be appointed in France by the seller. Such an obligation triggered significant costs and was contrary the EU principles and tax treaties. The CJEU has ruled against this kind of obligation.

REAL ESTATE CAPITAL GAINS REALIZED BY NONRESIDENT INDIVIDUALS

In order to ensure compliance with the EU free movement of capital principle, the 2014 Amending Finance Law expands the French real estate capital gains tax treatment applicable to EU nonresident individuals to nonresident individuals of third countries. The tax rate of 19 percent will be applicable to capital gains realized on the sale of French real estate or the sale of real estate entities shares by nonresident individuals, regardless of their residence (France, EU or third countries).