French General Tax Code
In forceI. - A declaration, in accordance with a model drawn up by the administration, records the items used to calculate the income tax relating to the capital gain and, where applicable, the items used to calculate the income tax relating to the capital gain deferred for taxation and determines the total amount of tax due in respect of the disposal made.
It is filed:
1° For disposals of assets mentioned in article 150 U established by a deed, in support of the requisition to publish, the request for entry in the Mayotte land register or the submission for registration. This declaration is submitted under penalty of refusal of the deposit or registration formality;
2° For transfers of the property mentioned in articles 150 UA and 150 UB established by a deed compulsorily subject to registration, when this formality is carried out at the tax department within whose jurisdiction the notary drafting the deed resides or, in other cases, at the tax department of the domicile of one of the contracting parties, when the deed is registered. This declaration is submitted under penalty of refusal of the registration formality;
3° For transfers of the assets mentioned in article 150 VI carried out with the participation of an intermediary domiciled for tax purposes in France, to the tax department responsible for collection and within the time limits set out in 1° of I of article 150 VM;
4° In other cases, to the tax department responsible for the seller's domicile within one month of the transfer.
II. - By way of derogation from I, the declaration shall be filed:
1° For deeds passed in administrative form that record an amicable or forced transfer of property to the State, national public establishments, public interest groupings, or a local authority or local public establishment designated in article L. 1311-13 of the General Local Authorities Code, to the transferee public authority prior to the requisition to publish, the request for entry in the Mayotte land register or the submission for registration. The absence of a declaration in support of the requisition for publication, the request for entry in the Mayotte land register or the submission for registration does not result in the refusal of the deposit or formality;
2° For transfers recorded by a court order, to the tax department responsible for the seller's domicile within one month of the date of payment of the transfer price. The absence of a declaration in support of the requisition to publish, the request for entry in the Mayotte land register or the presentation for registration does not result in the refusal of the deposit or formality ;
3° For disposals of property mentioned in article 150 U recorded in a notarial deed, to the tax department responsible for the seller's domicile within one month of the date of the deed, when the income tax relating to the capital gain cannot be paid in full due to claims overriding the Treasury's lien or when the disposal is recorded in favour of a local authority mentioned in 1°. The absence of a declaration in support of the requisition to publish, the request for entry in the Mayotte land register or the presentation for registration does not result in the refusal of the deposit or formality;
4° For the transfers mentioned in I and b of II of article 150 UC realised directly or indirectly by a real estate investment fund, to the corporate tax department of the location of the registered office of the custodian, within ten days of the date of payment of the sums distributed to the holders relating to these disposals ;
5° For disposals referred to in a of II of Article 150 UC made by a holder of real estate investment fund units, to the corporate tax department of the place of the paying institution's registered office, within one month of the disposal.
III. - When the capital gain is exempt pursuant to II of articles 150 U and 150 UA or by application of the allowance provided for in I of article 150 VC or when the disposal does not give rise to taxation, no return need be filed except in the event that income tax relating to the capital gain subject to deferred taxation is due. The deed of transfer subject to the merged formality or presented for registration shall specify, on pain of refusal to file or to carry out the registration formality, the nature and basis of this exemption or absence of taxation.
Where the capital gain is exempt in respect of a transfer referred to in 1° of II, the transferring taxpayer shall inform the transferee public authority of the nature and basis of this exemption so that it may be mentioned in the deed executed in administrative form. Failure to mention the exemption on the deed does not constitute grounds for refusal to file.
Where the declaration is not filed on the basis of 3° of II in support of the requisition to publish, the request for entry in the Mayotte land register or the submission for registration, the deed of transfer specifies, on pain of refusal of filing or of the registration formality, that the income tax relating to the capital gain cannot be paid in full or that the transfer is recorded in favour of a local authority mentioned in 1° of II and mentions the place where the notary drawing up the deed files the declaration.
