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Finance Law for 2006 – provisions concerning income tax, wealth tax and others

The main changes introduced by the Finance Law for 2006 concerning income tax and wealth tax, as well as other new provisions, can be summarised as follows:

Income tax bands:

The new income tax bands, applying to income earned in 2005, are as follows:

0% up to 4,412 Euros

6.83% between 4,412 Euros and 8,677 Euros

19.14% between 8,678 Euros and 15,274 Euros

28.26% between 15,275 Euros and 24,731 Euros

37.38% between 24,732 Euros and 40,241 Euros

42.62% between 40,242 Euros and 49,624 Euros

48.09% over 49,624 Euros

The law has also introduced new simplified income tax bands to apply to income earned in 2006 and onwards (e.g. returns made in 2007):

0% up to 5,515 Euros

5.5% between 5,515 Euros and 11,000 Euros

14% between 11,000 Euros and 24,432 Euros

30% between 24,432 Euros and 65,500 Euros

40% above 65,500 Euros

The automatic deduction of 20% applicable to salaries and the income of those who are members of certified management centres and organisations will no longer apply and will be absorbed into the above new tax free bands in 2007.  This provision will also lead to a reduction in the deduction to arrive at the net taxable figure for ‘revenus fonciers’ e.g. the income from unfurnished rental of property.  For those whose receipts are less than 15,000 Euros and who pay tax under the ‘micro-foncier’ tax regime, the deduction representing costs will be reduced from 40% to 30%.

Wealth tax:

The new wealth tax (‘impot de solidarité sur la fortune’) bands, applying to assets owned at the point of reference of 1st January 2006, are as follows:

Between 750,000 Euros and 1,200,000 Euros 0.55%

Between 1,200,000 Euros and 2,380,000 Euros 0.75%

Between 2,380,000 Euros and 3,730,000 Euros 1%

Between 3,730,000 Euros and 7,140,000 Euros 1.3%

Between 7,140,000 Euros and 15,530,000 Euros 1.65%

Above 15,530,000 Euros 1.8%

Tax ceiling:

Article 1 of the Finance Law has introduced a tax ceiling on the direct taxes paid by a tax payer at 60% of his or her income.  If this ceiling is breached then the tax payer can, upon direct request made before 31st December of the tax year in which the ceiling has been breached, obtain recovery of the excess tax.  Social security contributions are not included in the calculation.

Extension of the exoneration from CGT for certain non-residents:

In addition, the rectifying Finance Law for 2005 no. 2005-1720 of 30th December 2005 has extended the specific exoneration from capital gains tax for non-residents who meet certain conditions (residency in France for two years at any point in the past e.t.c.) to the second sale of real property (this was previously a one-off exoneration).  In order to benefit from this exoneration for the second transaction, in addition to meeting the conditions laid down for the initial exoneration, the sale must occur five years after the first exonerated sale and the property sold must be the only one in France owned by the vendor on the date of the second sale.

Transfer tax on sales:

Finally, there is an additional transfer tax now levied on real property transactions from 1st January 2006.  This additional tax is of 0.2% of the net price and is included in the notaire’s fee, thereby bringing the total payable in transfer taxes to 5% (plus the 2.5% due which is levied on the amount of the departmental tax which is 3.6%).  This measure compensates for the abolition of stamp duty upon these acts.

Unless stated otherwise, all of the aforementioned provisions apply from 1st January 2006.

08/02/2006 - Legal update

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