Why create an SCI as a foreign buyer?
Acquiring real estate in France as a non-resident may seem complex, but creating a Société Civile Immobilière (SCI) offers decisive advantages in terms of transfer, taxation, and management.
Advantages of SCI for foreigners
- Simplified transfer: Holding the property through shares allows you to gradually transfer assets to your heirs without the constraints of co-ownership.
- Tax optimization: The SCI is tax transparent (income tax), but you can opt for corporate tax to deduct loan interest and depreciation.
- Asset protection: The SCI separates your personal assets from the real estate, limiting risks in case of financial difficulties.
- Simplified management: The partners decide together on the management, rental or sale terms of the property.
How to create an SCI in France?
The procedure is accessible even for non-residents, provided certain key steps are followed.
1. Drafting of bylaws
The articles of association must be drafted in French and specify the corporate purpose (acquisition, management, rental), registered office (address in France), share capital (free, minimum symbolic), and distribution of shares.
2. Deposit of capital
The capital must be deposited in a professional bank account or with a notary (blocked account). A deposit certificate will be issued to you.
3. Publication of a legal notice
The notice of incorporation must be published in a legal announcement journal (JAL) of the department of the registered office.
4. Registration
The complete file (articles of association, legal announcement, proof of capital deposit, declaration of non-conviction) is filed with the competent Business Formalities Center (CFE) (commercial court registry).
5. Obtaining the K-bis
After validation, you will receive the K-bis extract, proof of the legal existence of the SCI.
Points of attention for foreigners
- French tax number: The SCI must obtain a SIRET number and a VAT number if it carries out taxable transactions.
- Bank account: It is advisable to open a bank account in France in the name of the SCI to facilitate day-to-day operations.
- Legal representative: The manager may be a foreigner, but must provide a translated and legalized extract of criminal record.
- Taxation: As a non-resident, you will be taxed in France on rental income, but tax treaties avoid double taxation.
Conclusion
La SCI est un outil puissant pour les investisseurs étrangers souhaitant acquérir un bien en France. Elle offre souplesse de gestion, optimisation fiscale et transmission simplifiée. Pour sécuriser votre projet, il est recommandé de consulter un avocat expert en droit immobilier.
Do you want to create an SCI? Contact Maître Cécile Zakine for a personalized consultation.
