House Purchase - Taxe Fonciere

[Gabe]

Not sure if I should have posted this under legal, but here goes. We completed our purchase last July and received a reconcilliation cheque from the notaire in Nov. So far so good. Yesterday I received a letter from the notaire asking for a cheque, payable to the vendor, for effectively half of last year's taxe fonciere. Now  I know that this can happen with a purchase, but this was never discussed before with us at the time and there is nothing to this effect in our promesse, or acte, de vente documentation.

What do others think, are they just trying it on ?

Gabe

[Baz]

It now appears to be accepted general practice and fair for the Tax Foncière to be apportioned between yourself and the previous owners. The fact that the Notaire has contacted you for payment which is the usual method suggests that somewhere this matter should have been mentioned. I really do not think anyone is trying it on as the payment is really your responsibilty from the day of purchase.

Baz

[Gabe]

I don't have an issue with the practice, in fact had this been pointed out at the time, 8 months ago, we would have willingly paid. What seems odd is that we received a "reconciliation " cheque from the notaire, in Nov, and reasonably assumed that that was the end of the matter. My understanding was that, yes it is common practice for this to happen, but that it should be detailed in the compromise (or promesse) de vente.

Gabe

[BJSLIV]

If the tax is to be split between the vendor and the purchaser then it should be noted in the documentation.The fact that the notaire "settled up" without waiting for the tax to be paid also indicates that there may be an element of trying it on, by someone.

So check that there really is no mention, because there usually is, then write to the notaire, by recorded delivery, saying that as there was no provision for the tax to be split , it is not your responsibility.

 

[moon]

As the Tax Fonciere you are paying is for 2005 and wouldnt have been billed to the previous owner until November 2005, no one would have been able to know what figure to split when you bought the property.

The frenchman we bought off turned up one evening with the bill and we settled it over a pastis.

Bob

 

[WJT]

Gabe, the exact thing happened to us. Nothing was mentioned about us paying a share of the Tax Fonciere and about six months after receiving a settlement cheque from the Notaire, we received a bill for our share. Very annoying but after speaking to the agent we were assured that this was normal.

[Teamedup]

On the back of this bill it is quite clear that the government says that the person owning the property on the 1st of January is responsible for the bill for the whole year.

If it is not noted anywhere, and it should be, as it could end up being a substantial amount of money, then I do not believe that you owe anything. If the vendor tries paying the Fisc a partial year they wouldn't get away it.

 

I realise that 'sharing' this bill is quite normal practice. But, like all bills, I believe that it should be properly indicated that this is expected.

 

I would get in touch with the notaire and ask where it is noted.

[Gabe]

Thank you to all for your comments. I am taking Teamedup's advice and will be writing to the Notaire seeking clarification.

Gabe

[cheminot]

[quote user="Teamedup"]

On the back of this bill it is quite clear that the government says that the person owning the property on the 1st of January is responsible for the bill for the whole year.

[/quote]

The above is certainly true of the tax d'habitation (much to the annoyance of our seller as we completed in january) but it was made clear to us by our own uk-based solicitor, the agent and the notaire that we would be liable for the portion of the year from the date we took over the property. Whether this has legal force or not it was certainly the impression conveyed to us.

Perhaps we were lucky to be kept so well informed, but even if we hadnt been I doubt if it would have released us from our obligation to pay our share.

Cheminot

[Gyn_Paul]

Legal fact: whoever owns the property on the 1^st January

is liable for the tax for the whole of that year.

Custom and practice in recent years seems to have lead to

the bill being divvi’d up between the parties.

However, if there had been no mention – either in writing or

verbally – of apportioning the tax during the signing of the acte then I

believe, as earlier poster have indicated, this is a case of retrospectively trying

it on, and you are within your rights to say ‘go fish’. You won’t be popular,

but how important is that to you ?

Our own experience was that when we bought our current house just over a year ago, the

vendor wanted us to pay 5/6^th of the taxe (mar-dec), a sum based on

the previous year’s bill.

Whilst I was happy to pay this in principle, I was less keen

to pay anyone in March a chunk of money for a bill that they would only receive

in October! We agreed I would pay the bill as soon as it was forwarded to us

from the Vendor. In October this is what happened, and I sent a copy of the

correspondence to the Notaire to confirm.

p