Section XIII sexies : Capital gains tax on the sale of buildings other than building land

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Article 1609 nonies G

French General Tax CodeIn force

Updated 7 Nov 2023

I. - A tax is introduced on capital gains realised under the conditions provided for in articles 150 U and 150 UB to 150 UD by natural persons or companies or groupings covered by articles 8 to 8 ter and in those provided for in article 244 bis A by taxpayers not resident in France for tax purposes who are liable for income tax.

The tax does not apply to capital gains realised on the disposal of building land or rights relating thereto.

II. - The tax is based on the taxable amount of the capital gains determined under the conditions provided for, as the case may be, in articles 150 V to 150 VD or II of article 244 bis A.

It is due by the transferor and payable at the time of the transfer.

III. - The tax is due on taxable capital gains in excess of €50,000, according to the following scale applied to the total amount of the taxable capital gain:

(In euros)

AMOUNT OF TAXABLE CAPITAL GROWTH

AMOUNT OF TAX

From €50,001 to €60,000


2% PV-(60,000-PV) × 1/ 20De

60,001 to 100,000


2% PVDe

100,001 to 110,000


3% PV-(110,000-PV) × 1/ 10De

110,001 to 150,000


3% PVDe

150,001 to 160,000


4% PV-(160,000-PV) × 15/ 100De

160,001 to 200,000


4% PVDe

200,001 to 210,000


5% PV-(210,000-PV) × 20/ 100De

210,001 to 250,000


5% PVDe

250,001 to 260,000


6% PV-(260,000-PV) × 25/ 100Superior

to 260,000


6% PV
(PV = amount of taxable capital gain)

IV. - A declaration, in accordance with a model drawn up by the administration, records the information used to calculate the tax. It is filed under the conditions provided for in 1°, 2° and 4° of I and II of Article 150 VG.

V. - The tax is paid when the declaration provided for in IV is filed. I to II bis of article 150 VF, the second paragraph of I and II and III of article 150 VH and IV of article 244 bis A are applicable.

VI. - The tax is controlled under the same guarantees and penalties as for income tax.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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