Airbnb rental: MPs set a condition to escape the increased transfer tax

The National Assembly adopted, this Friday, November 8, an amendment to the draft budget for 2025 which excludes certain furnished rented properties from the increased transfer tax provided for by article 24. It all depends on the date on which you you have rented the accommodation.

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Additional relief for furnished rental companies non-professionals (LMNP). The National Assembly adopted in public session, this Friday, November 8, an amendment from the Republican Right to the finance bill (PLF) for 2025, which further limits the scope of article 24 of the PLF. As a reminder, this article provides that the depreciation of a property rented in LMNP will now be included in the calculation of the capital gain, in the event of sale of this property. This will increase the amount of the capital gain realized and therefore the tax to be paid. This provision will apply for sales made from January 1, 2025.

Today, when you sell a property that you have rented under non-professional furnished rental (LMNP), accounting depreciation of this property, that is to say its annual loss in value, is not taken into account in the calculation of your capital gain on sale. You therefore have less tax to pay on this capital gain than in the context of the sale of a bare rented property. This “tax bias in favor of the LMNP regime reinforces incentives for short-term and tourist rentals”furnished leases run for only one year, underlines Bercy in the PLF. That “to the detriment” rental of bare goodswhose leases last three years. The Ministry of the Economy therefore considers that this tax advantage “increases” the difficulties of the French in finding long-term rentals in a rental market where “Airbnbs” abound.

The importance of the date October 1, 2024

The problem is that this article also targets furnished rentals of long lasting that the rental of furnished tourist accommodation. The National Assembly corrected this bias a few days ago, by adopting an amendment which excludes long-term non-professional furnished rentals from the scope of Article 24. Non-professional furnished rental companies have obtained a new concession to their cause this Friday, with the adoption of the Republican Right’s amendment, which this time limits the scope of application of article 24 to only property placed for non-professional furnished rental from October 1, 2024.

“This new system will therefore not apply to the stock of furnished accommodation”that is to say to those rented before October 1, 2024, specifies the amendment. “Investors have engaged in an investment process with an established financial, legal and tax package. Changing the rules during the process produces impacts that destabilize the established financial balance»argues MP Véronique Louwagie, author of the amendment, in the explanatory statement.