France Taxes: Difference between revisions
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== Treaty Article 6 == | == Treaty Article 6 == | ||
* https://www.irs.gov/pub/irs-trty/france.pdf | * https://www.irs.gov/pub/irs-trty/france.pdf | ||
** Also: Documents/paperwork/taxes/us_france/us_france_tax_treaty.pdf | |||
* Note: "Real Property" is a superset of real estate. | * Note: "Real Property" is a superset of real estate. | ||
<pre> | <pre> | ||
| Line 16: | Line 17: | ||
<pre> | <pre> | ||
ARTICLE 13 | ARTICLE 13 | ||
Capital Gains | Capital Gains | ||
1. Gains from the alienation of real property situated in a Contracting State may be taxed in | 1. Gains from the alienation of real property situated in a Contracting State may be taxed in | ||
that State. | that State. | ||
2. For purposes of paragraph 1, the term "real property situated in a Contracting State" | 2. For purposes of paragraph 1, the term "real property situated in a Contracting State" | ||
means: | means: | ||
(a) where the United States is the Contracting State, real property referred to in | (a) where the United States is the Contracting State, real property referred to in | ||
Article 6 (Real Property) that is situated in the United States, a United States real property | Article 6 (Real Property) that is situated in the United States, a United States real property | ||
interest (as defined in section 897 of the Internal Revenue Code, as it say be amended | interest (as defined in section 897 of the Internal Revenue Code, as it say be amended | ||
from time to time without changing the general principle thereof), and an interest in a | from time to time without changing the general principle thereof), and an interest in a | ||
partnership, trust, or estate, to the extent attributable to real property situated in the | partnership, trust, or estate, to the extent attributable to real property situated in the | ||
United States; and | United States; and | ||
(b) where France is the Contracting State, | |||
(i) real property referred to in Article 6 (Real Property) that is situated in | |||
France; and | |||
(ii) shares or similar rights in a company the assets of which consist at | |||
least 50 percent of real property situated in France or derive at least 50 percent of | |||
their value, directly or indirectly, from real property situated in France; | |||
(iii) an interest in a partnership, a "société de personnes", a "groupement | |||
d'intérêt économique” (economic interest group), or a "groupement européen | |||
d'intérêt économique” (European economic interest group) (other than a | |||
partnership, a "société de personnes", a "groupement d'intérêt économique" | |||
(economic interest group), or a "groupement européen d'intérêt économique” that | |||
is taxed as a company under French domestic law), an estate, or a trust, to the | |||
extent attributable to real property situated in France. | |||
</pre> | </pre> | ||
== fr == | == fr == | ||
* https://www.impots.gouv.fr/internationalenindividual/taxation-foreign-source-income | |||
<blockquote> | <blockquote> | ||
If the treaty stipulates that the income is tax-exempt in France, it will specify whether the income has be declared in France or not. | If the treaty stipulates that the income is tax-exempt in France, it will specify whether the income has be declared in France or not. | ||
Latest revision as of 17:05, 16 October 2025
House Sale
Treaty Article 6
- https://www.irs.gov/pub/irs-trty/france.pdf
- Also: Documents/paperwork/taxes/us_france/us_france_tax_treaty.pdf
- Note: "Real Property" is a superset of real estate.
ARTICLE 6 Income From Real Property 1. Income from real property (including income from agriculture or forestry) situated in a Contracting State may be taxed in that State.
Article 13
ARTICLE 13
Capital Gains
1. Gains from the alienation of real property situated in a Contracting State may be taxed in
that State.
2. For purposes of paragraph 1, the term "real property situated in a Contracting State"
means:
(a) where the United States is the Contracting State, real property referred to in
Article 6 (Real Property) that is situated in the United States, a United States real property
interest (as defined in section 897 of the Internal Revenue Code, as it say be amended
from time to time without changing the general principle thereof), and an interest in a
partnership, trust, or estate, to the extent attributable to real property situated in the
United States; and
(b) where France is the Contracting State,
(i) real property referred to in Article 6 (Real Property) that is situated in
France; and
(ii) shares or similar rights in a company the assets of which consist at
least 50 percent of real property situated in France or derive at least 50 percent of
their value, directly or indirectly, from real property situated in France;
(iii) an interest in a partnership, a "société de personnes", a "groupement
d'intérêt économique” (economic interest group), or a "groupement européen
d'intérêt économique” (European economic interest group) (other than a
partnership, a "société de personnes", a "groupement d'intérêt économique"
(economic interest group), or a "groupement européen d'intérêt économique” that
is taxed as a company under French domestic law), an estate, or a trust, to the
extent attributable to real property situated in France.
fr
If the treaty stipulates that the income is tax-exempt in France, it will specify whether the income has be declared in France or not.
Declaring income that is tax-exempt under the treaty in France will not cause this income to be taxed. This income is nevertheless factored in to calculate the amount of income tax owed on French-source income (taux effectif method).