Capital Gains

A petition was submitted by French MPs to the Constitutional Council regarding the limitation on the wealth tax and the new regulations which were to take into account “virtual” incomes.

On 28 November 2012, IREF and the French Taxpayers Association addressed an argumentary (see attachment in French) to the members of the National Assembly, urging them to seize the Constitutional Council in this matter. The MPs replied favourably and passed on the request to the Constitutional Council on 20 December.

The first of February marks another harsh date for French real estate owners. From this day there are new taxation rules on capital gains realized with the sale of a second home or a land. While previously the capital gains were exonerated if the real estate is owned since more than 15 years, now this delay has been increased to 30 years. The tax on capital gains thus reaches 19% if the property is sold during the five first years after acquisition and the rate is progressively decreasing the following 25 years. One has to add to those taxes the social contributions.

While governments are tempted to raise taxes on capital gain in order to reduce their public deficits, the study realized by the London based Adam Smith Institute explains why the temptation should be resisted. Based on clear economic reasoning and on evidence from the US, Australia and Canada, they show that there is a Laffer curve effect at work; one that is probably stronger than in the case of personal income tax. In other words: higher capital gains tax rates are very likely to give lower tax revenues.