The terms and conditions relating to the transfer or sale of real estate will change from July 1. Adouls, notaries, lawyers approved by the Court of Cassation or any person exercising notarial functions must, from this date, only draw up any act after presentation of certificates from the collection services justifying the payment of taxes and duties. encumbering the immovable relating to the year of transfer or assignment and to previous years.
These modifications were instituted by the 2024 finance law at the level of article 139-IV of the General Tax Code (CGI). These modifications were introduced by the 2024 finance law, in article 139-IV of the CGI. Consequently, adouls, notaries and lawyers approved by the Court of Cassation are required to indicate the article number of the housing tax and the municipal services tax on the documents they draw up and to indicate a model established by the administration of the municipal services tax under penalty of refusal of registration of the act. In the absence of this certificate issued by the tax administration, these professionals ensuring the drafting of concession deeds will be jointly and severally responsible with the concessionaires for the payment of tax debts.
According to circular note no. 735 of the General Directorate of Taxes (DGI), this revision of the obligations incumbent on drafters of acts, relating to the modalities of registration of acts relating to the transfer of immovables falls within the framework of the actions carried out for the dematerialization and improvement of the management of territorial taxes on buildings (the housing tax, the municipal services tax and the tax on undeveloped urban land).
What about real estate developers?
With regard to constructions carried out by real estate developers registered in stock and intended for sale as part of their professional activity, the circular note from the DGI specifies that once the housing permit has been issued or the individual land titles established, these real estate developers are invited to ask the competent services, for identification purposes, the item number of the housing tax and the municipal services tax for each aforementioned title. In this case, the tax will only be issued when the property is transferred by the said promoters to their clients.
Other acts prior to the transfer operation are not affected by these obligations.
Circular note no. 735 of the DGI also specifies that Note that the acts of transfer or transfer concerned by this measure mean any act allowing the transfer of ownership or its dismemberments (bare ownership, usufruct, etc. .) from one person to another. Other acts prior to the transfer operation are not affected by these obligations, in particular acts bearing a promise of sale or purchase, reservation contracts or preliminary sales contracts.
