minnie Posted March 6, 2009 Share Posted March 6, 2009 Early in 2008 we sold a house. The sale was subject to CGT which was collected by the notaire. He gave us a breakdown of the sale, showing the CGT and said we would need it for our 2008 Tax Form. Can anyone tell me why would need this information for the tax form if it has already been collected? Link to comment Share on other sites More sharing options...
Maricopa Posted March 6, 2009 Share Posted March 6, 2009 I'm sure someone more knowing than me will come along, but I think social charges are also payable on capital gains[:(] Link to comment Share on other sites More sharing options...
Complikate Posted March 6, 2009 Share Posted March 6, 2009 Maricopa is right. If you have not paid the social charges, then you will need to do so. This aside all forms of income must be declared in France, thus you will need to complete the 2049 as well as the 2042. Kate Link to comment Share on other sites More sharing options...
Sunday Driver Posted March 6, 2009 Share Posted March 6, 2009 Since 2004, both capital gains tax and the associated social contributions are now collected at the time of cession using form 2048-IMM-SD rather than through the now obsolete form 2049 which was submitted at the time of the seller's annual tax declaration. Link to comment Share on other sites More sharing options...
allanb Posted March 6, 2009 Share Posted March 6, 2009 [quote]...both capital gains tax and the associated social security contributions are now collected at the time of cession using form 2048-IMM-SD...[/quote]So they've named a tax form after Sunday Driver. It was bound to happen. Link to comment Share on other sites More sharing options...
minnie Posted March 7, 2009 Author Share Posted March 7, 2009 Thanks everyone for your views on this matter. As always Sunday Driver your comments are factual and detailed and fill the reader with confidence. Link to comment Share on other sites More sharing options...
ausibattler Posted March 7, 2009 Share Posted March 7, 2009 Presumably this information is assuming a) it is your principal home and b) you are a Tax resident of France? Link to comment Share on other sites More sharing options...
Sunday Driver Posted March 7, 2009 Share Posted March 7, 2009 No.If it is your principal home, then there is no capital gains tax liability.Otherwise, capital gains tax applies to both tax residents and non-tax residents. Link to comment Share on other sites More sharing options...
parsnips Posted March 7, 2009 Share Posted March 7, 2009 [quote user="Sunday Driver"]No.If it is your principal home, then there is no capital gains tax liability.Otherwise, capital gains tax applies to both tax residents and non-tax residents. [/quote]Hi, A non tax resident pays only the 16% CGT ,a resident selling a non-pricipal residence pays CSG of 12.1% in addition to the CGT. Link to comment Share on other sites More sharing options...
minnie Posted March 7, 2009 Author Share Posted March 7, 2009 We are tax resident and this was our holiday home before we moved here permanently and bought something more suited to our needs. We have, quite rightly, paid the CGT via the Notaire in accordance with normal practise. My only query was if it was necessary to include anything on my 2008 tax return since the CGT has been paid. I think SD given me the full picture anyway. Thanks all. Link to comment Share on other sites More sharing options...
gas Posted March 7, 2009 Share Posted March 7, 2009 [quote user="minnie"]Early in 2008 we sold a house. The sale was subject to CGT which was collected by the notaire. He gave us a breakdown of the sale, showing the CGT and said we would need it for our 2008 Tax Form. Can anyone tell me why would need this information for the tax form if it has already been collected?[/quote]Depending on your circumstances you may have to pay an additional 8% for CMU de Basse. Link to comment Share on other sites More sharing options...
Sunday Driver Posted March 7, 2009 Share Posted March 7, 2009 [quote user="gas"] [quote user="minnie"]Early in 2008 we sold a house. The sale was subject to CGT which was collected by the notaire. He gave us a breakdown of the sale, showing the CGT and said we would need it for our 2008 Tax Form. Can anyone tell me why would need this information for the tax form if it has already been collected?[/quote]Depending on your circumstances you may have to pay an additional 8% for CMU de Basse.[/quote]I don't quite follow - what has capital gains tax got to do with CMU de base? Link to comment Share on other sites More sharing options...
gas Posted March 7, 2009 Share Posted March 7, 2009 Try looking at articles L 861-2 , L 380-2 and d 380-4 of the Social security Code. In addition 1V of article 1417 of the general tax code may be of assistance, from memory it rstates that this article covers all means of existance and elements of the process of life, including benefits in kind and income provided by movable and immovable assets which the beneficiary of the the coverage universal has had in any place in france or abroad. I hope the above is of some assistance, however i imagine since you have queried what i have suggested i must be incorrect and i do apologise if i have misled anyone. Link to comment Share on other sites More sharing options...
minnie Posted March 8, 2009 Author Share Posted March 8, 2009 Thanks for the advice. Whilst I'm not totally unused to researching legal references, now that I'm retired I really don't think I'll bother going through all these articles. I think Sunday Driver gave a useful and succinct response and the fact remains that we've already paid the Capital Gains Tax anyway. Thanks again to all contributors. Link to comment Share on other sites More sharing options...
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