What Is a Représentant Fiscal Accrédité?
A représentant fiscal accrédité is a French-based entity — typically a bank, an accredited accounting firm, or a specialist tax representative firm — that the French tax authority designates as jointly and severally liable for the French taxes owed by a non-resident taxpayer. For non-EU/EEA non-resident landlords selling a French property above €150,000, this appointment is not optional — it is legally required before the sale can be notarised (CGI Art. 244 bis A).
The tax representative's role is to: receive the capital gains tax assessment on behalf of the non-resident seller; verify the calculation; retain and remit the tax to the DGFiP; and certify to the notaire that the tax obligation has been satisfied before the sale proceeds are released to the seller. Without a valid tax representative mandate, the notaire cannot complete the sale.
Who Must Appoint a Tax Representative?
- Transaction price exceeds €150,000
- Seller is not an EU/EEA resident
- Appointment must be made before notarisation
- Representative is jointly liable for capital gains tax
- EU resident: fully exempt regardless of sale price
- EEA resident (Iceland, Liechtenstein, Norway): fully exempt
- Swiss residents: check bilateral agreement
- Capital gains filed directly with SIPNR — no appointment needed
- Threshold is the sale price — not the taxable gain
- No mandatory appointment below €150,000
- Optional appointment may simplify administration
- Non-EU/EEA sellers still owe capital gains tax below this threshold
Who Can Act as Tax Representative?
The tax representative must be an entity accredited by the French tax authority (agréé par l'administration fiscale). The following may serve: French banks and credit institutions (major French banks — BNP Paribas, Société Générale, Crédit Agricole — all maintain specialist divisions for this); accredited accountancy firms and tax advisory firms; and specialist tax representative companies operating in France. The notaire cannot serve as tax representative — this would create a conflict of interest.
Cost and Timing
The typical cost of a tax representative mandate is 0.3% to 1% of the sale price, subject to minimum fees (often €500–€1,000). For a €400,000 sale, the cost would typically be €1,200–€4,000. This fee is deductible as a selling cost in the capital gains calculation, partially offsetting the charge.
The appointment must be made before the final acte de vente is signed. In practice, the tax representative should be identified at the stage of the compromis de vente (sale agreement), well before the closing date — the representative needs time to review the capital gains calculation, request documentation, and prepare the declaration.
The mandatory tax representative requirement applies specifically to capital gains from property sales. For annual BIC income declarations (meublé rental income), non-EU/EEA non-residents generally do not require a permanent tax representative — they file directly with the SIPNR. Some bilateral agreements or very large-scale meublé operations may require a different approach. A French tax adviser can confirm whether any ongoing representative is needed for your specific situation.
The Appointment and Closing Procedure
Our English-speaking French lawyers assist non-resident sellers with tax representative appointments, capital gains calculations including amortissement recapture, and complete sale transaction support.
Speak with a French Property LawyerThis article is for general information only. It does not constitute legal advice. Always seek qualified French legal advice.
Key Legal References
Tax representative requirement: non-EU/EEA non-residents selling French property above €150,000 must appoint an accredited French tax representative jointly and severally liable for capital gains tax.
Capital gains declaration form for non-resident individuals selling French immovable property.
EU mutual assistance mechanism for tax collection: basis for the EU/EEA exemption from the mandatory tax representative requirement.
Capital gains tax on immovable property for non-residents.
