Apportionment of taxes foncieres

[Alan Zoff]

I completed purchase in Feb this year so wasn't the owner on 1st Jan which date I gather determines who gets the 2005 tax bill.

However, 8 months later I have received a letter from the Notaire requesting my cheque in favour of the vendor for what seems to be an apportionment of the 2005 tax. This suggests he paid for the year in advance so is claiming back about 10 months worth from me. If so, doesn't seem unreasonable but I just wasn't expecting it as I thought all was taken into account in the many adjustments made in the completion payment.

Thought I would just check with you guys that this was normal before I simply sent off my money. The vendor did rather ruthlessly strip the house - right down to the co-ax cable chopped off between the aerial point and where it comes through the ceiling - so I am not overly minded to pay him anything that is not strictly my responsibility.

[derf]

If when you signed the Acte, you also signed that you would pay the vendor a proportion of the tax and this seems likely, if it's the Notaire asking you for the money.

If you didn't sign, then it's up to you, if you want to pay or not

[derf]

Just a point to add to the above, the vendor would have received this years tax Fonciers bill and will have to pay it by the 15th of october, in this region at least.

[napoleon]

Just to confirm the statements above, I recall that we were expected to pay the proportion of the Tax d'Habitation. It was calculated on the basis of days in ownership over the 365 day year. The Tax Foncier was paid by the previous owner who was in residence on 1st January. We were told this before signing and it was put into action during our first year

          Alistair

[Miki]

[quote]Just to confirm the statements above, I recall that we were expected to pay the proportion of the Tax d'Habitation. It was calculated on the basis of days in ownership over the 365 day year. The Tax F...[/quote]

Alistair,

I think you have it the wrong way around I am afraid.

Taxe Hab is solely for the person in residence on Jan 1st of each year. Whereas in most sales that I have ever known, for Taxe Foncière there will be a clause in the Acte de Vente that goes along the line of "Pro Rata" and the seller will pay the full costs initially, then claim a pro rata share from the buyer, once the seller knows the amount to pay. Completely legal.

[Alan Zoff]

Thanks all for your comments. My paperwork for purchase is 650 miles away at present but it looks as if the demand is above board.

[Teamedup]

I would not be paying it until I had read that I had to pay it, if it wasn't on your acte de vente, then it will be up to you. 

[Alan Zoff]

Good advice there. My compromis de vente does make me liable since date of purchase but when I got someone to examine my completion statement for me, it seems I was charged a pro rata sum for taxes foncieres when I bought the house! (I assume the sum charged then was based on the previous year's assessment.) If my calculation is right, the vendor is entitled to a maximum of a further 13 euros from me - rather than the 10 months worth claimed through the Notaire. Looks as if he almost got it back from me twice! 

I have faxed the Notaire accordingly and await his confirmation. Bit surprised, if this is correct, that the Notaire hadn't examined records first. Just goes to show, though, that it's worth checking things out, even if the demand comes from a reputable source.

Thanks!