stoneman Posted November 23, 2009 Share Posted November 23, 2009 I have received a proposal from a company, FRTS, at the instigation of the notaire , to act as a fiscal representative in relation to capital gains tax on the sale of our french house owned with our relatives through an SCI. (Minimum fee 2000 euros!?) Are these a reliable company? Are there any other options? I thought this practice of requiring insurance against payment of tax by non residents had been eliminated under EU competition rules - is it still current? Link to comment Share on other sites More sharing options...
woolybanana Posted November 23, 2009 Share Posted November 23, 2009 I believe you can still go straight to the tax office and arrange this directly yourself. IMHO, these fiscal reps are a con. They exist because notaires wont pay anti-mistake insurance premiums and pass the cost to the vendor. Whether they actually own these companies I don't know. Link to comment Share on other sites More sharing options...
Sunday Driver Posted November 23, 2009 Share Posted November 23, 2009 The requirements for appointing fiscal representatives are set out in this tax bulletin issued by the DGI... Link to comment Share on other sites More sharing options...
woolybanana Posted November 23, 2009 Share Posted November 23, 2009 Yes, SD, it is a very good way to stop people rushing off and not paying their dies but it removes apparently the simple way of doing it which is through one's local tax office. I was sure you can do it that way too, though.I wonder how legal it is to apply an extra tax to non-doms, for that is what the fee is. Link to comment Share on other sites More sharing options...
danny Posted November 23, 2009 Share Posted November 23, 2009 A friend of mine sold an apartment for in excess of €700,000 with a nice capital gain. The fiscal rep wanted 1% of the sale value for doing nothing. 30 minutes at the local tax office sorted it all out as it was a straight forward case, and no cost. Fiscal rep costs are a straight forward con, and imo contrary to EU legislation. Link to comment Share on other sites More sharing options...
BJSLIV Posted November 23, 2009 Share Posted November 23, 2009 30 minutes at the local tax office sorted it all out Unusual for a fonctionaire to do something quickly against written instructions. Was the Notaire simply wrong in suggesting that a Rep was needed? Link to comment Share on other sites More sharing options...
danny Posted November 23, 2009 Share Posted November 23, 2009 It was a very simple case of an apartment bought for 612k and sold for 718k to include all costs. My friend arrived at the tax office armed with the documents. 30 minutes was a long time to compute the taxation due, I suspect most people would take about 30 seconds with a calculator. €7,000 plus is somewhat excessive and nice work for a couple of minutes work. Link to comment Share on other sites More sharing options...
stoneman Posted November 25, 2009 Author Share Posted November 25, 2009 Thanks to all for posting. It looks to be a bit of a moot point whether the Fiscal Rep is completely mandatory or not. As I don't have the stomach for a battle with French bureaucracy I guess we will have to grit our teeth and pay up. It seems to be an issue which is worth taking further though. Perhaps France magazine should think about taking it up. Link to comment Share on other sites More sharing options...
Chancer Posted November 25, 2009 Share Posted November 25, 2009 Maybe it is necessary for multiple ownership under an SCI, I am sure that your situation is more complicated than the tax office would want to decide on off the cuff. Link to comment Share on other sites More sharing options...
Lehaut Posted June 7, 2010 Share Posted June 7, 2010 I wonder if anyone else has managed to sort this out with their local tax office recently. We are helping some friends sell their house in France, the sale price will be less that their initial purchase price some 7 years ago and the Notaire is asking 3500 Euros for this service, which is rubbing salt into the wound as there is no CGT involved.I have not challenged the Notaire about this, but she knows that the selling price is less than the purchase price.Thanks in advance for any input. Link to comment Share on other sites More sharing options...
Benjamin Posted June 7, 2010 Share Posted June 7, 2010 As I understand it the fee of the Fiscal Rep is merely an insurance ploicy to cover the Notaire if he makes a mistake with tthe capital gain calculation. In your friend's case go to the tax office. Pay for a translator if neccassary: it's certainly not going to cost €3.500. Link to comment Share on other sites More sharing options...
Lehaut Posted June 7, 2010 Share Posted June 7, 2010 Will give it a go, thanks. Link to comment Share on other sites More sharing options...
Chancer Posted June 7, 2010 Share Posted June 7, 2010 Its a bit strong expecting you to stump up €3k to cover the eventuality that the notaire might not be competent to do his job.Of course the Notaires would not get a kickback from the insurers now would they? [6] Link to comment Share on other sites More sharing options...
pagnol81 Posted June 11, 2010 Share Posted June 11, 2010 Several people have mentioned in this thread about going to the local tax office to sort this out. Does it matter that ours is a holiday home? Link to comment Share on other sites More sharing options...
Will Posted June 11, 2010 Share Posted June 11, 2010 Whether or not is a holiday home makes no difference, other than the fact that as a second home a holiday home is certain to attract capital gains tax, whereas a main home may not. Link to comment Share on other sites More sharing options...
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