Maître Cécile Zakine · Lawyer in Antibes

How to declare a capital gain on property to the tax authorities?
Legal Questions 26 Jun 2026 4 min read

How to declare a capital gain on property to the tax authorities?

The sale of a property can generate a taxable gain, called capital gain on real estate. Whether you are the owner of a secondary residence, a rental property, or land, it is essential to know the declaration procedures to avoid any tax adjustment. This guide answers all your questions about declaring a real estate capital gain to the tax authorities.

What is a taxable capital gain on real estate?

A capital gain on real estate is the positive difference between the sale price and the acquisition price of a property. It is taxable when you sell a property that is not your main residence. This concerns: secondary residences, rental properties, building land, and shares in real estate companies.

To calculate the gross capital gain, you must deduct certain costs from the sale price (agency commission, diagnostics, etc.) and add to the purchase price the acquisition costs (notary, registration fees) and the works carried out (subject to conditions).

Who must declare a capital gain on real estate?

Any seller who is an individual, whether a French tax resident or non-resident, must declare the capital gain realized. Non-residents are subject to specific rules and may benefit from particular allowances. To optimize your situation, it is strongly recommended to consult a avocat expert in real estate and tax law.

How to declare capital gains on real estate?

Step 1: Fill out form 2048-IMM

The declaration is made using form cerfa n°2048-IMM, entitled "Declaration of capital gain on real estate". This document must be completed online on the impots.gouv.fr website, in your personal space, under "Declare a capital gain on real estate".

You must indicate:

  • Nature of the property sold
  • Acquisition and sale dates
  • Sale price and purchase price
  • Deductible expenses (works, agency fees, diagnostics)
  • Allowances for length of ownership

Step 2: Pay the tax on time

The capital gains tax (19% for income tax, plus 17.2% social security contributions) must be paid at the time of sale, upon signing the notarial deed before the notary. The notary generally collects the tax and remits it to the tax authorities. However, the declaration via form 2048-IMM remains mandatory to confirm the calculation.

What are the possible deductions and exemptions?

Allowance for holding period

The longer you hold the property, the less tax you pay. The allowance is 6% per year for income tax from the 6th year (full exemption after 22 years). For social security contributions, the allowance is 1.65% per year (full exemption after 30 years).

Main exemptions

  • Main residence : full exemption, without duration condition.
  • First sale of a dwelling : subject to income conditions, for persons who have not been owners of their main residence for 4 years.
  • Sale at a price below €15,000 : full exemption.
  • Non-residents : specific rules apply, particularly for European Union nationals.

What happens in case of error or omission?

An incorrect or late declaration exposes you to penalties: late payment interest (0.20% per month) and surcharges (10% to 40% depending on severity). If in doubt about the calculation or deductions, it is recommended to call a professional. A avocat expert can assist you with the declaration and help optimize your tax situation.

Conclusion

Declaring a capital gain on property to the tax authorities is a regulated process, but can be complex depending on your personal situation (non-resident, rental property, deductible works, etc.). A calculation error or omission can be costly. To secure your transaction and benefit from the best tax optimizations, do not hesitate to consult Maître Cécile Zakine, a lawyer specializing in real estate and property law. She will assist you at every stage, from declaration to management of

📅 Mis à jour le 11/08/2026 — Par Maître Cécile Zakine, avocate et Docteur en Droit à Antibes. ☎ 06 21 69 91 77.

About

About the author:

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor in Law, specialized in real estate and land law. Each article is written based on the analysis of a real case law decision.

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