Changes for 2011

Tax rate of 19% (Title I - art 6 III and IV of the Finance Law for 2011) :

Capital gains on real estate made by individuals will from now on be taxed at the rate of 19% (instead of 16%) for residents of the European Economic Area (includes France, excludes Liechtenstein).

The same will apply for capital gains on securities: rate of 19% (instead of 18%)

Social Charges (Title I - art 6 VI of the Finance Law for 2011) :

The 2% rate increases to 2.2%, or a total amount of 12.3% (instead of 12.1%).
Note: Non-residents are not subject to social charges.

Exemption applicable to non-residents (Title IV - art 91 of the Finance Law for 2011) :

Elimination of the possibility of exemption for the second disposal carried out by a non-resident.

Conditions unchanged for the first disposal but further details expected from the DGFIP on the taking into account or otherwise of disposals which occurred before 1st January 2011.

Non-cooperative states (ETNC):

Two new States join the list of Non-Cooperative States : - Oman
- and the Turks and Caicos Islands.

As of 1 January 2011, residents of these States are taxed on capital gains at the 50% rate and join: 2010/2011 list of Non-cooperative States

Meanwhile, leaving this list and henceforth taxed at the rate of 33.1/3% are residents of:
- Saint Kitts and Nevis
- and St Lucia.


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