Create a SCI to pay less taxes? On paper, the promise is attractive and widespread among investors. In fact, it is often misunderstood. “ The SCI is not a universal tax tool, it is first and foremost a legal tool », recalls Maître Yanna Cabarrus, tax lawyer. In other words, it is not a miracle solution and must be analyzed on a case-by-case basis depending on the project and the financial situation.
Because in many cases, the SCI can on the contrary increase taxation. Particularly when it is subject to income tax (IR): rents are added directly to the income of the tax household, with a scale of up to 45% excluding social security contributions. Conversely, in SCI to corporate tax (IS)it is the company which is taxed first, before any taxation of the partners when they receive dividends. Although the IS regime may seem more advantageous in the short term, in particular thanks to lower taxation and depreciation, it can on the other hand turn out to be significantly more expensive in the long term, particularly in the event of resale or distribution of income. “ This can create additional tax pressure », Underlines the expert.
Furnished rental: double taxation
The trap is even more marked in furnished rental. By nature, an SCI carries out an activity civilwhile furnished accommodation is considered commercial. As soon as this activity becomes significant, around 10% revenue, the SCI can be reclassified and switched tocorporate tax (IS).
Result: a double taxation. On the one hand, the company pays tax on its profits (tax rate 15% until €42,500Then 25%). On the other hand, the partners are taxed when they recover income via dividends, subject to the flat tax of 30%. “ The company is taxed, then the partners are taxed again if they want to collect the rent », explains the lawyer. An arrangement that is not very suitable for those who rely on this income as a supplement to their salary.
Resale: the depreciation trap
It is often at the time of resale that the bill explodes. In SCI with IS, investors lose the reductions linked to the holding period applicable in their own name (tax exemption after 22 years oldand social security contributions after 30 yearsaccording to the rules of the tax administration).
But above all, they suffer the effect of depreciation. “ We pay less taxes during detention… but we are caught up on release », warns Master Cabarrus.
Concrete example: a purchased good 300,000 euros and amortized for several years can see its book value significantly reduced. In the event of resale to 350,000 eurosthe taxable capital gain is not limited to the difference between the purchase price and the sale price: depreciation increases the tax base. Result: taxation that could reach 25% on a much higher capital gain than anticipated
Transmission: the main asset
However, the SCI retains a major interest: the heritage transfer. It allows you to gradually give shares while taking advantage of the reduction of 100,000 euros per parent and per childrenewable every 15 years.
In certain cases, the use of dismemberment of property allows us to go further. “ The parents retain the usufruct, that is to say the right to collect rent or occupy the property, while the children receive bare ownership. “. Result: the transfer is tax-relieved, because the duties are calculated only on the value of the bare ownership, lower than that of the fully owned property.
In some cases, SCI can even become counterproductive on a main residence. This is particularly the case for certain multi-level houses, common for example in the Antilles, where one part of the property is occupied and the other rented. In this configuration, only the part actually occupied benefits from the capital gains exemption. The contribution of the property to an SCI can then trigger partial taxation, often discovered too late by the owners.
In fact, SCI is often unsuitable for certain profiles. This is particularly the case for investors who use their rents as additional income. “ They forget that the SCI is a separate person: the rents no longer belong directly to them », underlines the tax specialist. Result: they must wait for a dividend distribution, itself taxed.
Other arrangements, poorly anticipated, can also trigger a immediate taxation or a recovery. There SCI is not an automatic solution. Used incorrectly, it can become a real tax trap.
