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PROPERTY

Property tax surcharge: Where in France second-home owners are liable for extra taxes

Local authorities in certain parts of France are entitled to place an extra property tax on second homes - here's how the system works and how to find out if your area is introducing such a rule.

Property tax surcharge: Where in France second-home owners are liable for extra taxes
Saint-Tropez. (Photo by CLEMENT MAHOUDEAU / AFP)

France’s householders’ tax – taxe d’habitation – has been almost completely phased out, but there is one group that it still applies to; second-home owners.

Not only do second-home owners still have to pay the tax, an increasing number of communes are imposing a ‘surcharge’ on second homes which increases the bill by up to 60 percent.

The government has given local authorities in areas where there is a housing shortage the power to increase taxes on second homes in order to fund more affordable housing for locals and an increasing number of communes are choosing to use this power.

READ ALSO Second home or main address? French property tax rules explained

Towns and cities with more than 50,000 inhabitants and “a marked imbalance between supply and demand for housing” are known as zones tendues (troubled zones) and may increase their portion of the taxe d’habitation by between five and 60 percent.

Taxe d’habitation is based on the rental value of dwellings, payable on all furnished premises used for residential purposes, in accordance with article 1407 of the CGI (French General Tax Code).

The size of your bill will therefore depend on the value of your home, and whether your local authority has imposed a surcharge for second homes.

The aim of the surcharge is to encourage second home owners to either sell the property, or rent it out long term.

Almost 10 percent of France’s housing stock is second homes, the vast majority owned by French people.

Earlier this year, we reported that the Mediterranean glamour resort of Saint-Tropez hopes to raise €3 million a year for new local housing by increasing the taxe d’habitation on second homes by 60 percent from next year.

They are far from the only town to do this. Paris decided to raise its portion of the taxe d’habitation bill on second homes by 60 percent in 2022; while some 255 towns and cities across the country – of the 1,136 eligible to do so – have taken up the option of boosting their rates. 

READ ALSO Second-home owners: What French taxes do you need to pay?

Last year, city councils in cities such as Bordeaux, Lyon, Biarritz, Arles and Saint-Jean-de-Luz voted to increase the tax to the maximum 60 percent.

Authorities must be able to demonstrate significant second-property rates and that property purchase and rental prices are higher than the national average in order to be eligible.

New rules, which do away with the 50,000 lower limit on population, come into force in 2024 (delayed from 2023) and could see the tax rises implemented in up to 4,000 additional towns.

According to the Direction générale des finances publiques (DGFiP) a total 22.4 percent of the municipalities authorised to levy a surcharge on taxe d’habitation for second homeowners did so in 2022. 

The full list of towns able to impose higher taxe d’habitation rates is here.

READ ALSO Reader question: Who has to pay France’s ‘vacant property’ tax?

Exemptions

There are some. You may be able to claim exemption from taxe d’habitation on second homes if:

  • Your professional activity is close to the second home and obliges you to live there;
  • Your primary residence is a long-term care facility, meaning your former primary residence is now your second home;
  • The property is uninhabitable for a reason outside of your control. For example, if work is needed to make it habitable. If this is the case – and it’s not uncommon of you have bought a property as a restoration project – you need to register it as uninhabitable with your local tax office. You will usually then benefit from a reduced or zero tax bill for a limit period – in most areas two years is the maximum time you can declare the property uninhabitable. 

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TRAVEL NEWS

What’s the deal with passport stamping in France?

There are clear guidelines in place about who should have their passport stamped when they enter or leave France - but the letter of the law doesn't always seem to be applied on the ground. Here's what you need to know.

What's the deal with passport stamping in France?

When you pass through a French border control post, officers will check your passport and – in some cases – stamp the date of your entry or exit of the country onto one of the blank pages in the booklet.

Although the system should be clear and simple, it becomes complicated when conflicting information is given on the ground.

Here’s what the rules say, and whether it’s really a problem if your passport is incorrectly stamped.

Who should be stamped?

The purpose of the date stamps for entry and exit is to calculate how long you have been in France, and therefore whether you have overstayed your allowed time – whether that is the time allowed by a short-stay Schengen visa or the visa-free 90-day allowance that certain non-EU nationals benefit from. 

Those people who are exempt from 90-day restrictions should therefore not have their passports stamped.

EU passport – people who have an EU passport should not have it stamped, because they have the right to unlimited stays due to EU freedom of movement.

Dual nationals – people who have passports of both EU and non-EU countries should not be stamped when they are travelling on their EU passport. However, because the passports of dual nationals are not ‘linked’, those travelling on their non-EU passports will be stamped, unless they have other proof of residency.

READ ALSO What are the rules for dual-nationals travelling in France?

French residents – the passports of non-EU citizens who have a residency permit in France (carte de séjour) should not be stamped, because they have the right to stay in France for as long as their permit is valid.

Visa holders – people who have a long-stay visa or a short-stay visitor visa should not be stamped, because they have the right to stay in France for as long as their visa is valid. 

Tourists/visitors – people making short visits to France who do not have a visa should be stamped, with the stamps keeping track of their 90-day allowance. Visitors from nationalities who do not benefit from the 90-day rule (eg Indians) are also stamped.

Travel practicalities

When crossing a French border, you should present your passport along with other documents – visa or carte de séjour – if relevant. Don’t wait for border guards to ask whether you are a resident.

It should be noted that the carte de séjour is not a travel document and cannot be used to cross borders, not even internal Schengen zone borders. The only valid travel documents for entering France are a passport or national ID card. Any other forms of ID – driving licence, residency card etc – cannot be used for travel purposes.

Border problems

While the rules on stamping are simple in theory, many readers of The Local have reported having their passports incorrectly stamped at the border, and this seems to be a particular problem for non-EU nationals who are resident in France.

Travellers are also often given incorrect information by border guards – for example being told that only holders of the post-Brexit Article 50 TUE carte de séjour are exempt from stamping, that all non-EU nationals must have their passports stamped or that only being married to a French national exempts you from stamping.

None of these are correct.

It’s also sometimes the case that people whose passports should be stamped – tourists, visitors and second-home owners who don’t have a visa – do not receive the stamp. For frequent visitors this can be a problem because it looks as though they have had a long stay in France, due to their exit not being recorded.

The system of stamping itself is also a bit haphazard with stamps scattered throughout the passport book in random order, so border guards sometimes make mistakes and miss an entry or exit stamp and therefore think that people have overstayed when they haven’t.

So how much of a problem actually is it if your passport is wrongly stamped?

It’s one thing to know the rules yourself, it’s quite another to have an argument with a border guard, in French, when a long queue is building behind you. Numerous Local readers have reported feeling that they had no choice but to accept a stamp when an implacable guard insisted upon it.

But is this really a problem?

One thing is clear – if you are a resident of France then you have the right to re-enter, and your proof of residency (visa or carte de séjour) takes precedence over any passport stamps. So it’s not a question of being barred from the country – it can, however, be inconvenient as it might lead to delays at the border while your passport record is queried.

Meanwhile people who did not receive correct exit stamps can be incorrectly told that they have over-stayed and even be liable for a fine. 

Will the new EES passport control system improve this?

Theoretically, the EU’s new Entry & Exit System – which does away with the manual stamping of passports – should get rid of these problems.

However, as we have seen, theory and what actually happens on the ground are two different things.

The EES system, due to come into effect later this year, brings in two main changes – it makes passport checks more secure by adding diometric data such as fingerprints and facial scans and it does away with manual stamping of passports and replaces it with scans which automatically calculate how long people have been in France.

You can read full details of how it works HERE

So that should eliminate the problems of unclear stamps, stamps being read wrongly or passports not getting the stamps they need.

Residents in France – carte de séjour and visa holders – are not required to complete EES checks and should have a separate system at ports, airports and railway terminals.

However, at present it’s pretty common for border guards to give incorrect information to non-EU residents who are resident in the EU – let’s hope that they are properly briefed before EES is deployed.

Have you had problems with passports being incorrectly stamped? Please share your experiences in the comments section below

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