Real estate: towards taxation of capital gains on the main residence, under certain conditions

The National Assembly adopted an amendment to the finance bill for 2025, which aims to subject to tax capital gains on the sale of certain main residences. Its authors wish to fight against “speculative somersaults”.

After a favorable vote in the Finance Committee on October 16, it was in session that the National Assembly adopted, on October 23, an amendment to the finance bill for 2025 aimed at combating real estate “speculative tumbles”. Proposed by the Socialists, this amendment, which we do not know whether it will remain in the final text of the finance law for 2025 – especially if the government uses 49.3 -, authorizes the State to subject capital gains to tax. carried out on the sale of certain principal residences. These are currently exempt from all taxes, unlike second homes. The amendment proposes to condition this exemption on a period of holding the property of at least five years as a main residence. “Housing, not speculating. The right to housing is moving forward,” socialist MP Peio Dufau rejoiced on October 23 on the social network

His amendment specifically targets owners who buy and then resell their main residence within less than five years. To try to avoid taxes, some households buy homes in highly sought-after regions, declaring them as their primary residence. “These mechanisms are particularly developed in tourist areas where rental tension has led to a significant increase in property prices for 20 years, particularly in the Basque Country”regrets Peio Dufau An imbalance which allows them to pocket added value in just a few years.

Exceptions were, however, provided for by MPs, notably cases where the household plans to purchase a new main resilience. “This period (of 5 years) could (also) be lifted when a compelling reason justifies it, such as a professional transfer, long-term hospitalization or entry into a nursing home or even a death or separation in particular. Only circumventions permitted by the current wording are targeted.they explain.

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