2025 finance law: a beginning of status of the lessor

Free tribune

The Minister of Housing has decided to launch a mission to determine the future status of the private lessor, long claimed by the real estate profession. A status intended to recognize the economic role of private donors but which risks weighing down taxation to resale, warns Henry Buzy-Cazaux, president of the Institute of Real Estate Services.

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The real estate sector has complained a lot that the tax status of the landlord -these “investor” to be understood by the greatest number -, which she has been asking for Cors and Cris for years has still not seen the light of day. He does not appear more in the finance law for 2025, which has just been voted in forceps, in the previous ones, even though the site is clearly open: the work of the National Refoundation Council for Housing, the group of Dedicated work of the National Housing Council, the penultimate congress of notaries, still others prefigured this status, and a consensus emerged on the essential: the investor is an economic player, which brings A housing service in the country, complementary to the public offer and moreover more importantly than HLM or CROUS, and it is normal that this role is recognized by taxation.

This is how the principle of damping of the property exploited and the full deduction of operating expenses has imposed itself, even if the idea of ​​the return of a lump sum to act the wear of the accommodation remains in Some spirits, in a minority way.

Increase in taxation to resale

In fact, the request is made that the lessor is eaten in the same sauce as the entrepreneur, who has the ability to act the devaluation of his professional, real estate and furniture tools, and who can reduce with his taxable turnover Expenses exposed in the interest of the business activity. There is a corollary: the modalities of taxation of the most value of sale in the event of sale for an entrepreneur are … Logical: the depreciation of the assets noted over time and the damping is reintegrated at the time of the value of the value output. Clearly, the residual value tends by definition to zero and therefore the difference between the price obtained from the sale of a hangar, a car, a computer and its accounting value will be much greater after application of depreciation than by simple subtraction of the acquisition price.

The proposals made by the various commissions that have worked are modest, not to say silent and dumb on this subject. If these methods of calculating the most values, common law, are allocated to rental real estate, as it should normally be, the donors will have a unpleasant surprise … This surprise, to read the finance law for 2025, This is not one: article 24 of this text whose ink is barely dry modifies for the rental companies in non -professional furnished (LMNP) the method of calculation and taxation of the most values ​​of sale, to align it on that of professional furnished rental companies.

A mission to invent the status of the lessor

Two downsides: Taxation abatements remain applicable, making it possible to cancel taxation on income after 22 years and that for social security contributions after 30 years. In addition, only the most values ​​are concerned with a transfer, and the transmissions by donation or by inheritance are exempt from this tax hardening. Nevertheless, color is announced and that it would be better than owners and professionals wishing to a solid economic and tax status, common law, found, realize that it will be difficult to obtain from Bercy, in all Orthodoxy, butter and butter money, if you can allow this trivial image. The good news: this finance law involves this evolution, which corresponds to normalization, against which we have not heard an expression of indignation, rightly so. The more real estate taxation enters the rank, the more likely it is to escape instability and suspicion.

On the other hand, it should not be, and the risk in times of lean cows is considerable, that the future status, which one comes to hope in the finance law for 2026, only keeps the least happy, even fair , for the lessor, by excluding the most attractive: the question of the admitted damping speeds, or of the overpressures under the moderation of the rents accepted by the owner or under the ecological performance of the leased housing, is central and it promises beautiful battles. Like the question of exceptional constraints imposed on the lessor, which entrepreneurs from other areas ignore, as the supervision of the price of the service provided, rent in this case, and so many others. Valérie Létard, Minister of Housing, has also gone unnoticed – decided to entrust one or more parliamentarians with a mission … more to invent the future status, but by expanding the subject to rental relationships and rights and obligations the lessor and the owner. In short, it will not be one more report that will be rendered: the perspective opens and we will gain height.