Which Declaration to File
Form 2044: The Real Income Declaration
Form 2044 is the standard supporting declaration for the real income regime. It requires the taxpayer to set out, property by property, the calculation of net foncier income: gross receipts received, deductible charges paid (management fees, works, loan interest, taxes, copropriété provisions, insurance, etc.), and the resulting net income or deficit for each property. The total net result across all properties is carried to the appropriate box on Form 2042.
Form 2044 Spéciale: When It Is Required
Form 2044 spéciale must be used, instead of or in addition to Form 2044, by the following taxpayers:
- Owners of monuments historiques (classified or listed under the heritage legislation) that produce income;
- Owners of property situated in a secteur sauvegardé (protected historic area);
- Taxpayers who hold property in nue-propriété (bare ownership);
- Taxpayers who have made investments qualifying for the amortissement deduction under the former Robien, Besson, or Périssol incentive regimes.
Where a taxpayer falls within any of these categories, they must use Form 2044 spéciale for all their properties — both the special properties and any ordinary rental properties they may hold alongside them.
Property companies (sociétés immobilières) are subject to their own specific declaration obligations. They file separate company-level returns (Form 2071 for transparent copropriété companies; Form 2072 for SCIs). Where revenus fonciers are realised through an SCI, justification requests from the tax administration are directed at the SCI itself — not at the individual member — since the relevant documents are at the company level and can be demanded from the company during an on-site audit (CAA Paris 28-5-2013 n° 12PA03642).
Withholding at Source: The Acomptes
Since the generalisation of the prélèvement à la source (PAS) system, taxpayers with revenus fonciers pay income tax and social charges through monthly or quarterly advance payments (acomptes) calculated by the tax authorities on the basis of the prior year’s declared revenus fonciers. The acomptes are adjusted through the annual return once the current year’s actual income is known. Taxpayers whose income changes significantly can request an adjustment to their acomptes during the year to avoid overpayment or underpayment.
The Audit Framework: Requests for Justifications
Revenus fonciers are subject to audit under the standard income tax rules. The administration’s principal tool is the demande de justifications, which may target any element used in calculating the taxable revenus fonciers: both receipts and the nature and amount of any charges claimed as deductions.
- Administration sends a formal demande de justifications covering any element of the declared revenus fonciers calculation (receipts; nature and amount of deductions).
- Taxpayer has a minimum of two months to respond in writing and substantively.
- After the two-month period, two outcomes are possible:
- If the taxpayer fails to respond to the 30-day mise en demeure, or the response is so imprecise as to constitute a refusal, the administration may proceed to assessment by default.
To respond usefully to justification requests, landlords should retain invoices, receipts, and other supporting documents for all items declared — both receipts and deductions — for a minimum of the standard tax prescription period (the year of declaration plus three years); prudence suggests keeping renovation invoices for longer given the potential for later audit of capitalised expenditure.
Audit of SCI-Held Property
Where revenus fonciers are realised through an SCI, a justification request cannot be directed at the individual member; it must be addressed to the SCI itself, which holds the relevant accounting and supporting documents and can be subject to an on-site audit. An SCI member cannot be asked to produce documents that are at the company level (CAA Paris 28-5-2013 n° 12PA03642).
Micro-foncier taxpayers who do not file Form 2044 are nonetheless well-advised to retain supporting documents for their gross receipts, since the administration may challenge the declared gross amount. Real income taxpayers must be able to substantiate every item on Form 2044 on request: rent receipts, lease documents, bank statements, invoices for works, management fee statements, loan interest certificates, taxe foncière bills, insurance certificates, and copropriété regularisation statements from the syndic. There is no exemption from justification obligations for small amounts.
Display Rental Income: Third-Party Disclosure Obligations
A specific third-party disclosure regime applies to tenants of display advertising space on built or unbuilt property. Where a tenant pays a landlord more than €76 per year in royalties for the right to display advertising, that tenant must file a separate declaration identifying the beneficiary (CGI Art. 1649 B). This cross-reporting mechanism allows the tax authorities to verify that landlords are correctly declaring their display rental receipts as revenus fonciers.
The CGI Art. 15, II exemption for owner-occupied property does not extend to accessory receipts. A homeowner who lets the right to display advertising on the facade of their principal residence must declare those receipts as revenus fonciers, even though the property itself is exempt from taxation on its notional rental value. The third-party disclosure by the advertising tenant reinforces this obligation from the other side.
Our French law practice advises on the Form 2044/2044 spéciale distinction, real income regime documentation requirements, responding to tax authority justification requests, SCI declaration obligations, and display rental disclosure compliance.
Book a ConsultationLegal Notice. This article is provided for general information and educational purposes only. It does not constitute legal or tax advice. Declaration forms and procedures may change annually; always verify current form numbers and filing requirements with the French tax authorities (impots.gouv.fr) or a qualified tax adviser before filing. Always consult a qualified French tax lawyer before any property transaction or dispute with the tax administration.
Key Legal References
Micro-foncier declaration: gross receipts entered directly on Form 2042; no Form 2044 required; 30% flat deduction applied automatically by authorities; applies where gross annual revenus fonciers of the tax household do not exceed €15,000
Real income regime: property-by-property calculation of net foncier income on Form 2044 (or Form 2044 spéciale for monuments historiques, secteur sauvegardé, nue-propriété, Robien/Besson/Périssol); net result carried to Form 2042
Form 2044 spéciale required for: income-producing monuments historiques; property in secteur sauvegardé; property held in nue-propriété; Robien/Besson/Périssol amortissement regime investments; once triggered, must be used for all the taxpayer’s properties
Transparent copropriété companies: Form 2071 required for company-level declaration of revenus fonciers distributed to members
SCIs: Form 2072 required for company-level declaration of revenus fonciers; members declare their proportionate share on their own Form 2044 / 2044 spéciale
Audit of SCI-held property: justification requests must be directed at the SCI itself, not the individual member; the SCI holds the relevant documents and can be subject to an on-site audit; a member cannot be asked to produce documents held at company level
Display rental income disclosure: tenants of display advertising space must declare to the tax authorities all beneficiaries to whom they pay more than €76/year in display royalties; Form 2061; filing deadline before 1 March of following year; syndics de copropriété distributing display income to copropriétaires also covered
Owner-occupied property exemption: does not extend to accessory receipts; display rental income on an owner-occupied property must be declared as revenus fonciers even though the property’s notional rental value is exempt
