Entrust the property capital gains tax on your French sale to an accredited tax representative in 2026

Article 244 bis A of the CGI and the representative's guarantee

Article 244 bis A of the Code général des impôts subjects to a specific levy the capital gains realised by non-resident individuals or legal entities on the sale of buildings, property rights or shares in property-rich companies located in France. The base rate is 19 per cent for individuals domiciled in a Member State of the European Union, in Iceland, Norway or Liechtenstein. It is also 19 per cent for residents of third countries since the surcharge rate was struck down by Constitutional Council decision no. 2015-466 QPC, but social levies remain applicable depending on the seller's situation.

The accredited tax representative, provided for in section IV of article 244 bis A and in articles 171 quater and 171 quinquies of Annex II to the CGI, is a legal entity established in France and approved by the Direction Générale des Finances Publiques. The representative is jointly and severally liable for the payment of the tax owed by the seller, checks the 2048 IMM or 2048 M return, certifies the accuracy of the reported bases and counter-signs the document handed to the notary. Without this appointment, the notary cannot publish the deed at the land registry office, which blocks the transfer of ownership.

The official list of the nine accredited firms is published in the Bulletin officiel des Finances Publiques, section BOI-RFPI-PVINR-30-20, and also appears in the official list of RFAs reproduced further down on this page. It evolves according to DGFiP accreditation decisions.

Who must appoint an accredited tax representative

Appointment is mandatory for any person, individual or legal entity, fiscally domiciled or established outside the European Economic Area (outside the EU, Iceland, Norway, Liechtenstein), who sells a property located in France. Residents of an EU or EEA Member State have been exempt since the amending Finance Act for 2014 and the subsequent administrative case law, except in the specific cases referred to in section III bis of article 244 bis A for certain property-rich companies. A Luxembourg, German or Irish company selling an investment property in Paris therefore does not need to appoint a representative.

The obligation applies even if the capital gain is small or nil, provided that the sale price exceeds 150,000 euros and that the seller is resident in a third country. For sales below this threshold, the local tax office may exempt the seller from appointment upon reasoned request. In practice, an exemption is granted easily for low-value properties held for more than thirty years, which are exempt from income tax and social levies.

The most common use cases encountered by firms include the French expatriate who has become a US, Swiss, Emirati, Canadian or Singaporean resident selling their original home, the Asian investor liquidating a Parisian rental portfolio, the offshore holding company selling a French property-rich company, or the non-resident co-owner who has inherited a family asset. Each situation changes the tax base, the required documentation and the level of scrutiny required from the representative.

Services of an accredited firm for property capital gains

The tax representative intervenes before the sale, at signing and after publication. Seven services make up the engagement.

• Preliminary analysis of the file, review of title deeds, the acquisition deed, documented renovation works and any gifts in the chain of ownership.
• Qualification of the seller's tax situation, verification of tax residence under the applicable bilateral tax treaty (foreign tax residence certificate, US Form 6166, Australian ATO certificate, etc.).
• Calculation of the gross capital gain — sale price minus acquisition price increased by fees and works — then application of holding-period allowances and specific exemptions (second home under conditions, expropriation, reinvestment).
• Preparation of the 2048 IMM return for real estate, 2048 M for shares in property-rich companies, or 2048 IMM-NOT in specific notarial cases, calculation of the tax and social levies.
• Representative's counter-signature and filing of the file with the relevant land registry office, in coordination with the notary's office in charge of the sale, before or on the day the notarial deed is signed.
• Control of the payment of the levy by the notary out of the escrowed funds, follow-up on the tax receipt, archiving of documents for the retention period required by the DGFiP.
• Handling of disputes, claims and tax relief requests when the seller identifies an error in the initial calculation or when tax residence is later challenged by the authorities.

Deliverables include a preparatory analysis memo, the 2048 IMM return signed by the representative, the certificate of engagement handed to the notary, proof of payment of the levy and, where applicable, the tax relief brief. Value is delivered in the legal security of the signing, in the documentary optimisation of eligible works and expenses, and in anticipating treaty situations (foreign tax credit, elimination of double taxation).

Holding-period allowance and exemption threshold

The curve below shows, year by year, the cumulative allowance applicable to the gross capital gain for income tax purposes under article 150 VC of the CGI, and, in parallel, the one applicable to social levies. It helps visualise the full-exemption point (22 years for income tax, 30 years for social levies) and to calibrate any wait before sale.

Criteria for choosing your accredited tax representative

Four dimensions deserve particular attention. First, up-to-date DGFiP accreditation. Only firms on the official list published in the BOFIP may sign the 2048 IMM return as joint-and-several representative. Any non-accredited firm provides advisory support, not representation in the strict sense.

Second, notarial responsiveness. A property sale is organised around firm dates (preliminary contract, lifting of suspensive conditions, signing). The firm must be able to issue its approval within five to ten business days of receiving a complete file, otherwise the signing slips and exposes the seller to contractual penalties.

Third, mastery of bilateral tax treaties. US, British, Swiss, Chinese, Australian, Canadian, Brazilian or Emirati residents benefit, depending on the treaty, from tax credits to eliminate double taxation. A representative who correctly articulates these mechanisms with the 2048 IMM avoids reassessments and facilitates the refund of any overpayment in the country of residence.

Fourth, the ability to handle complex cases: undivided ownership, dismembered titles (usufruct / bare ownership), chains of gifts, family SCIs, offshore companies, properties held for more than thirty years with no paper trail for the original acquisition price. The best firms have multidisciplinary teams (tax specialists, property lawyers, chartered accountants) and know how to rebuild a defensible tax base before the authorities.

Comparative analysis and field feedback

The nine accredited tax representatives cover the French market with different positionings. Accréditéco, SARF and Sarf Azur (SARF group) claim long-standing expertise on francophone expatriate files and residents of Gulf countries. TEVEA International and Financière Accréditée focus on high-stakes files, typically above 2 million euros in sale price, and on complex offshore structures. La Représentation Fiscale and Authorized Tax Representative (ATR) have strong notarial networks in the south of France and in Île-de-France. GPB Accrédité and Honoré Patrimoine operate on wealth-management and private-banking segments, often backed by family offices.

Field feedback highlights three success factors: handing the file to the notary at least fifteen days before signing, exhaustive documentation of works and improvements carried out since acquisition (TVA (French VAT) invoices, tradesperson certificates, building permits), and early selection of the representative (ideally at the preliminary contract stage). Conversely, common mistakes include under-valuing the capital gain to reduce tax (a near-systematic source of reassessment), forgetting the temporary exceptional allowance in case of a sale to a social-housing body, confusing net seller price with headline price, and last-minute recourse to a representative one or two days before signing.

A seller who plans their appointment as early as the preliminary contract generally saves several thousand euros on the service (no rush premium) and secures the signing without postponement.

Fee ranges observed in 2026

Firms generally charge a flat fee indexed to the sale price, rarely to the capital gain itself. For a sale between 150,000 and 500,000 euros, observed fees range between 900 and 1,800 euros excluding tax. Between 500,000 and 1,500,000 euros, they rise to 1,800 to 3,500 euros excluding tax. Above 1,500,000 euros, the scale becomes proportional, between 0.20 and 0.35 per cent of the sale price, with a floor of 3,500 euros excluding tax and a cap negotiated above 10 million euros.

Ancillary services — preliminary audit of the tax base, documentary reconstruction, tax relief brief, assistance in audits — are billed on a time-spent basis at 220 to 380 euros excluding tax per hour. Rush surcharges (less than ten business days before signing) range between 20 and 50 per cent of the flat fee. A serious quote specifies the scope, the deadline for receipt of the complete file, the list of required documents and any third-party costs (sworn translations, apostilles).