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The finance law for 2025, which is expected to be promulgated in the coming days, abolishes one of the tax benefits of non -professional furnished rental. Its article 24 increases taxation to resale.
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– For a good of 39 m2 in the 15th arrondissement of Paris, the net profitability for traditional furnished rental (non -seasonal) to the real scheme is 4.8 % over a year, against 3.7 % for a bare rental, underlines Lodgis .
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No luck for the owners donors who opted for the furnished rentalrather than for the naked rentaldue to its tax advantages. Article 24 of the finance law For 2025, which should be promulgated in the coming days, removes one of the tax niches non -professional furnished rental (LMNP). Currently, when you sell a property that you have rented in LMNP, the accounting depreciation of this accommodation, that is to say its loss of annual value-which you can also deduce from your taxable rental income if you have opted for the real regime – is not taken into account in the calculation of your added value.
This “”tax bias In favor of the LMNP regime strengthens short -lived incentives for tourist vocation ”to the detriment of long -term rentals for families, the furnished leases in fact only a year, against three years for naked rentals, stressed Bercy in the document presenting the finance bill for 2025. The ministry of the Economy thus judged this tax advantage “Little compatible with the objectives of the public housing policyin particular in tourist areas or characterized by a strong imbalance between supply and demand for housing ”.
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A measure targeting sales made after the promulgation of the budget
The finance law for 2025 therefore provides that depreciation With a well rented in LMNP will now be integrated into the calculation of the capital gain, in the event of the sale of this property. This will increase the amount of the added value achieved and therefore of the tax to be paid on it. Indeed, with the exception of the main residence, when you sell a property that you have had for less than 30 years, you are taxed on the added value of 36.20%. A rate that includes income tax (19 %) and social security contributions (17.20 %).
This integration of depreciation in the calculation of the capital gain in LMNP was among the proposals of the report on the reform of rental taxation, submitted last summer to the government by the deputy together for the Republic Annaïg Le MeurCo-author of the recent “Anti-Airbnb” law. This provision will apply to the sales of property rented in LMNP made from the day after the promulgation of the finance law. This should intervene in the coming days, after the verdict of the Constitutional Council, expected Thursday, February 13.
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Maintaining the tax advantage for three categories of goods
Establishments for the elderly or disabled, senior residences and student residences are however excluded from the scope of this measure. Which will have an impact “RElectively minimal for the vast majority of rental companies ”Baptiste Bochart nuance, lawyer at JédéclaremonMeUblé.com (JD2M). And this, for two reasons. First, the taxation of the added value in LMNP “Includes a legal abatement system, which decrease the amount of taxable capital gain over the years. Thus, after 22 years of detention of the property, the rental companies are completely exempt from tax on capital gains ”explains Baptiste Bochart. Then there is no added value in cases where the good is the subject ofa donation or a successioncases which are legion according to the lawyer.
JD2M nevertheless considers this measure as a “”sanction For individuals who choose to invest in rental real estate. Worse, this also changes the rules for those who made this choice several years ago, in other tax conditions. The whole without discrimination Between those who participate in the worsening of the housing crisis and those who commit to providing decent housing, adapted to the modern housing needs ”. Indeed, article 24 of the finance law does not distinguish between the furnished tourist rentals of the Airbnb type and the long -term furnished rentals.
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An investment that remains profitable
“Admittedly, taxation evolves with the reintegration of damping in capital gains, but traditional furnished rental remains A profitable rental investment»»says Alexis Alban, president of Lodgis, specialist in furnished rental. LMNP rental companies having opted for the actual regime can indeed continue to deduce the annual depreciation of the property of their taxable rental income. Alexis Alban estimates that, for a good of 39 m2 in the 15th arrondissement of Paris, the net profitability for traditional furnished rental (non -seasonal) on the real diet is 4.8% Over a year, compared to 3.7% for bare rental and 2.6% for tourism rental.
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