How the exemption works
The French tax code exempts a non-resident seller from the obligation to appoint an accredited fiscal representative when the price attributable to them on the deed does not exceed €150,000. The rule sits inside Article 244 bis A itself, as an automatic carve-out: no request to file, no form to sign, no acceptance letter from the tax office. The notaire reads the price allocation in the acte de vente, compares each seller's share to the ceiling, and proceeds without a representative where the share is strictly at or below €150,000. The exemption is therefore a silent one, triggered by the arithmetic of the deed rather than by an administrative decision.
What the exemption does not cover
The €150,000 carve-out is narrow. It removes only the obligation to nominate an accredited fiscal representative. It does not dispense with the capital gains tax itself, with the social charges, with the surtax on high gains, or with the 2048-IMM form that the notaire has to compute and file. Those remain due on whatever taxable gain the sale throws off, irrespective of the price point. A seller at €140,000 with a €40,000 gain after taper still pays the income-tax CGT and the social charges, through the notaire, at the standard non-resident rate. The exemption lightens paperwork, not the tax bill. That confusion is the single biggest source of disappointed readers on expat forums.
Per seller, not per deed, not per year
The ceiling is personal to each non-resident seller, and the test is deed by deed. A couple selling a €260,000 apartment with a 50/50 split are each on €130,000 and each within the exemption. The same couple selling two apartments the same year, each at €200,000, are each on €100,000 per deed and also exempt on each sale; the annual total does not matter, because there is no annual aggregation for this rule. Conversely, a single seller on a €160,000 sale crosses the line and needs the representative, even if the gain is tiny. The arithmetic is unforgiving at the boundary and generous where shares can be split legally.
What counts inside the €150,000 test
The base is the price written in the deed, before the buyer's own costs and before the CGT is withheld. Agency commissions borne by the seller and itemised separately are excluded, because the seller never receives them. Furniture sold under a distinct inventory contract sits outside the figure, whereas a furniture package folded into the deed price is included. Works reimbursed by the buyer on top of the price also sit outside, if they are properly documented. Exchange rates play no role: it is the euro figure on the deed that counts, even for a seller whose reporting currency is the pound, the dollar, or the franc. When in doubt, ask the notaire to highlight the exact line used for the comparison.
Worked example
Sophie and Marc, Canadian residents since 2011, sell a small Lyon apartment for €265,000. They each own half, the agency fee of €12,000 is on their side and itemised, and a small furniture inventory of €3,000 is sold under a separate written contract. The base used for the test is €265,000, split €132,500 each. Both shares are under the €150,000 ceiling, so no accredited representative is mandatory on either line. The notaire still computes the 2048-IMM on the taxable gain: acquisition price €195,000 in 2014, taxable gain after the 11-year taper close to €55,000, split €27,500 each. Income-tax CGT at 19% and social charges at the 7.5% solidarity rate they qualify for through their Canadian healthcare coverage are withheld by the notaire at signing. Sophie and Marc save roughly €2,800 in representative fees they would otherwise have paid, but the CGT and social charges remain, and they are still due to file their usual French non-resident return.
Pitfall to avoid
The pitfall is assuming that a deed price just above €150,000, inflated by an in-deed furniture line or by a buyer-side fee written on the wrong side, has to trigger the representative. It often should not, if the numbers are disentangled correctly before drafting. Conversely, a price exactly at €150,000 is not strictly above the ceiling and is therefore still exempt, but some notaires add a safety margin and request a representative anyway; that is not the law, it is a local custom. Confirm the reading in writing with the notaire before accepting a fee quotation, and push back politely when the numbers allow.
Pro tip
If you are selling a property that will land close to the €150,000 line, negotiate the allocation of the agency fee and of any detachable elements before the compromis is signed. Moving a €10,000 furniture package into a separate inventory contract, or confirming in writing that the agency fee is seller-borne and itemised, can be enough to keep you under the ceiling. The saving is the representative fee itself, typically €1,500 to €3,500 per seller, which is real money on a modest transaction. The lever disappears at signature, so the conversation has to happen while the deed is still in draft at the étude.
Key takeaways
- The €150,000 ceiling is an automatic carve-out from the representative requirement, not from the tax itself.
- It is tested per seller, per deed, without any annual aggregation.
- Seller-borne itemised agency fees and separately sold furniture sit outside the figure.
- CGT, social charges, and the 2048-IMM are still due even when the exemption applies.
- A price exactly at €150,000 is still within the exemption; strictly above triggers the rule.
- SCI share sales follow a different route, do not extrapolate the real-estate ceiling to them.
Frequently asked questions
Does the €150,000 exemption also exempt me from capital gains tax?
No. The ceiling only removes the obligation to appoint an accredited fiscal representative. The capital gains tax under Article 244 bis A and the social charges under Article L136-6 of the Code de la Sécurité Sociale are still calculated on the taxable gain, if any. If your holding period or your exemption route brings the gain to zero, that is a separate path.
I am selling two French properties in the same year, each below €150,000. Does the exemption still apply?
Yes, because the test is run deed by deed, not on the annual total of a given seller. Two deeds each at €140,000 are each under the ceiling, and each is exempt from the representative requirement on its own line. The combined €280,000 does not retroactively trigger anything. Your notaire will confirm the reading before each signature.
My notaire still wants to appoint a representative even though my share is under €150,000. Is that legitimate?
It happens, and it is not always abusive. Some notaires on complex or cross-border files prefer the comfort of an accredited signature that confirms the 2048-IMM and the quitus fiscal, even where it is not mandatory. You can decline, but the notaire can also refuse to sign if they consider the file unclear. Negotiate early, or ask for a reduced fee if you accept.
Does the exemption cover the sale of SCI shares?
No. SCI share sales follow a distinct route for the representative requirement, tied to the SPI character of the company and to the share price, not to the real-estate threshold. If you are selling shares rather than the underlying property, read the SCI-specific pages before applying the €150,000 rule.