SCI under IR or IS: how do I choose?
There is no answer that works for everyone. IS allows the building to be depreciated and often reduces tax while you own it, but distributed profits are taxed a second time and the capital gain on a sale is calculated after depreciation, with no holding period allowance. IR is simpler and, on resale, falls under the regime for individuals. Under IR, depreciation is only possible in specific cases, for example for certain homes bought since the 2026 Finance Act and let unfurnished, subject to conditions: I check whether your project qualifies. The choice depends on the holding period, the financing and how the rents are used: I put figures on both scenarios before any decision. Note: the IS election can only be revoked until the fifth financial year following it, after which it becomes final. And even within that period, returning to IR has a tax cost: the company’s unrealised gains and reserves may be taxed immediately.
Does an SCI under IR have to keep accounts?
In general it does not have to prepare annual accounts like a commercial company. But it files its profit return (form 2072) every year, and the manager must report to the shareholders on how the SCI has been managed at least once a year, in a written report. Accounts, even simple ones, are the safest way to meet this requirement and to keep track of current accounts. If a shareholder is a company subject to IS, its share of the profit is calculated under IS rules, which requires more complete accounts.
LMNP: micro-BIC or standard regime?
The micro-BIC regime applies a flat-rate allowance to your rents: it is simple, but your actual expenses are ignored. Under the standard regime, you deduct your actual expenses (loan interest, property tax, insurance, maintenance) and you depreciate the property, excluding land, as well as the furniture. The standard regime is often more favourable when the property is financed with a loan or expenses are high, but it requires accounts and a profit return every year. Since the 2025 Finance Act, depreciation deducted is in principle added back when calculating the capital gain on resale, with some exceptions: this needs to be taken into account as soon as you choose your regime. Depreciation cannot create a loss: the unused portion is carried forward to later years. The micro-BIC ceilings have also been lowered for furnished tourist accommodation: I check your specific case.
What is a shareholder current account used for in an SCI?
It records the sums a shareholder puts at the SCI’s disposal, for example to finance part of the purchase, pay for works or repay the loan, and what the SCI pays back to them. It is a debt owed by the SCI to the shareholder, separate from the share capital: unless otherwise agreed, the shareholder can ask for it to be repaid. Well kept, it limits disagreements between shareholders and makes it easier to sell or pass on shares. An overdrawn current account, where the shareholder owes money to the SCI, needs watching: in an SCI under IS, it may be treated as a deemed distribution. It is better to spot it and settle it quickly.
How is the sale of a property taxed?
It all depends on the regime. In an SCI under IR, the capital gain in principle follows the regime for individuals, with allowances based on the holding period. In an SCI under IS, it is calculated on the net book value, so after depreciation, and is subject to IS. For non-professional furnished rentals, the 2025 Finance Act provides, with some exceptions, that depreciation deducted is added back when calculating the capital gain. These rules change: I do the calculation for your case before signing, not after.
Are my SCI shares subject to IFI, the French real estate wealth tax?
Yes, for the portion of their value that corresponds to the company’s property assets. The real estate wealth tax (IFI) applies to households whose net real estate assets exceed €1.3m on 1 January, whether the properties are held directly or through companies. Two points need attention. The value of the shares follows rules specific to IFI: some of the SCI’s debts are not taken into account, for example a loan that you or your spouse granted it to buy a taxable property, unless it can be shown that the loan does not have a mainly tax-driven purpose. And the 30% allowance on the main residence is reserved for the owner who lives in it: a main residence held through an SCI does not qualify, except in specific cases. I prepare your IFI return, or review the one prepared by your adviser, before it is filed. This advisory assignment is carried out by EZM CONSULTING.
Is an annual general meeting compulsory?
The annual report is compulsory, the meeting not always. At least once a year, the manager must report to the shareholders on how the SCI has been managed, in a written report on its activity and results. The shareholders approve the accounts and decide on the allocation of the profit, most often at a meeting. They can also do so by a deed signed by all of them, or by written consultation if the articles of association provide for it. I prepare the documents: accounts for the year, manager’s report and draft minutes.
Do I need a chartered accountant for an SCI or a furnished rental?
It is not compulsory. But there are many sensitive points: allocation of the profit between shareholders, depreciation, current accounts, capital gain on resale. I tailor the assignment to your situation: a family SCI with a single property does not need the same follow-up as a portfolio of several properties.