In summary…
If sold before departure, the main residence is exempt from capital gains tax. If sold after, it can still be exempt if the deed is signed no later than December 31 of the year following the year of departure, if the country of residence is in the European Union or linked to France by an administrative assistance agreement (excluding non-cooperative countries), and if the property has not been made available to any third party.
Our position: the date of signing the official deed is the only one that matters, and this must be prepared before departure. After this deadline, there remains an exemption capped at €150,000 of capital gains, reserved for citizens of the European Union or the European Economic Area under certain conditions, after which normal taxation applies.
«"We're leaving in July, we'll put the apartment up for sale from there, we'll see how it goes." For most families leaving Lyon, it's a decision with heavy tax consequences, rarely presented as such: the property remains exempt as long as the schedule and conditions are met, taxable as soon as they are no longer met.
1. Before departure: the usual exemption and the normal sales period
The property must be your primary residence on the day of the transfer.
The general rule exempts capital gains from the sale of a primary residence, provided it is the primary residence on the date of sale. A property that is rented, vacant, or occupied free of charge by a third party on that date is excluded. An exception exists for a dwelling occupied until it is put up for sale: the sale must then take place within a normal delivery time, This is actually appreciated by the administration. A price disconnected from the local market can lead to the loss of the exemption.
This rule applies to owners who sell while remaining residents. As soon as your tax residence leaves France, the following section applies. For details, see our article on reasonable time and tax definitions of main residence.
For the technician. Article 150 U, II-1° of the French General Tax Code (CGI). BOFiP BOI-RFPI-PVI-10-40-10: principal residence on the date of transfer, occupancy until the property is put on the market (property neither rented nor occupied free of charge), normal time frame assessed on a factual basis. The same doctrine is reiterated in the ministerial response to written question no. 8008 (National Assembly).
2. After departure: the expat's unique perspective
Until December 31 of the year following the transfer of residence
For sales since January 1, 2019, non-residents retain the exemption on their former main residence under the following conditions:
- the property constituted your main residence on the date your tax domicile left France;
- you have transferred your tax residence to a State of the European Union or to a State which has concluded an administrative assistance agreement with France, and that State is not a non-cooperative State or territory;
- the sale is concluded, by the authentic deed, no later than December 31 of the year following that of the transfer;
- you have not already used the exemption capped at €150,000 described below (article 150 U, II-2° of the CGI);
- between the transfer and the sale, the accommodation was not made available to a third party, free of charge or for a fee.
Specifically. Leaving on July 15, 2026, or in December 2026 grants the same deadline, until December 31, 2027, to sign the purchase agreement: the year of departure doesn't count; the following year is the last. The pitfall lies in the last condition: lending the apartment to a student child, or renting it out for six months while waiting for a buyer, is enough to lose the benefit of this exemption, and the period of occupancy cannot be recouped. Other exemptions may still apply, but they are subject to different conditions (see next section).
| Departure date | Last date to sign the deed |
|---|---|
| Between January 1st and December 31st, 2026 | December 31, 2027 |
| Between January 1st and December 31st, 2027 | December 31, 2028 |
For the technician. Article 244 bis A of the French General Tax Code (CGI) (Finance Law for 2019, sales from January 1, 2019), according to the ministerial response published in the Official Journal of the Senate on February 2, 2023 (question no. 00328). BOFiP BOI-RFPI-PVINR-10-20 (version of April 19, 2019). The date of the sale is that of the notarial deed.
3. If the window has closed: the €150,000 exemption or normal taxation
A capped exemption, reserved for certain profiles
A non-resident can exempt the capital gain from the sale of a property located in France., up to a limit of €150,000 of net taxable capital gain, If the taxpayer meets the following cumulative conditions: being a national of a European Union member state or another state party to the Agreement on the European Economic Area that has concluded an administrative assistance agreement with France (a national of another country may, in certain cases, invoke the non-discrimination clause of a tax treaty); having been continuously tax resident in France for at least two years at some point before the sale; benefiting from this tax advantage for only one residence per taxpayer; and selling no later than December 31 of the tenth year following the transfer of residence, or without delay if the taxpayer has had free use of the property since January 1 of the year preceding the sale. Any excess is taxed according to the ordinary rules.
According to administrative guidelines, prior rental does not invalidate this capped exemption if the sale occurs within ten years of departure and if the other conditions are met; however, it does invalidate the exemption specific to the former primary residence. This should be verified in the current version of the BOFiP (Official Bulletin of Public Finances) before making any decision.
Outside of these cases, the non-resident pays capital gains tax at 19% plus social security contributions at 17.2%, with allowances for the holding period: the detailed calculation is provided in our article on the sale of property in France by a non-resident and in the one concerning the exemption of the main residence for non-residents.
Worked example
Situation. A couple living in Lyon, who are nationals of a country outside the European Union and the European Economic Area, bought an apartment for €400,000 in October 2012 and were able to resell it for €600,000. They left France on March 15, 2026, to settle in a European Union country; the apartment was their main residence until their departure, and the couple never used the €150,000 exemption.
Issue. Should we sell before December 31, 2027, or rent the apartment while waiting for a higher price?
Strategy. Compare two timelines, without any other variable: sale signed in 2027 without ever renting, or rental then sale in October 2028.
Result. Sale signed in 2027, property never made available, conditions of article 244 bis A met: €0 capital gains tax. Sale in October 2028 after rental: neither the departure exemption (property made available, deadline exceeded) nor the €150,000 exemption (nationality) applies; capital gain of €110,000 after flat-rate allowances; €37,400 after a 66% allowance for tax, i.e., €7,106 to €19%; €90,035 after a 18.15% allowance for social security contributions, i.e., €15,486 to €17.2%. ; €22,592 in total. If the couple were affiliated to a social security scheme in the EEA or Switzerland, social security contributions would be limited to 7.5 % (€6,753), i.e. €13,859 in total.
Hypotheses. Gross capital gain 600,000 − 400,000 = €200,000; flat rates of 7.5 % for acquisition costs (€30,000) and 15 % for work (€60,000), property held for more than five years, hence €110,000; 16 years of ownership in October 2028, i.e. 11 years beyond the fifth; allowances of 6 % per year (66 %) for tax and 1.65 % per year (18.15 %) for social security contributions; taxable capital gain less than €50,000, therefore no surtax; The €150,000 exemption does not apply (non-EU/EEA nationality, without a valid non-discrimination clause). For a couple who are EU or EEA nationals, it could cover this €110,000, subject to other conditions and the effect of a prior rental agreement. Illustrative example, calculated using the rules in force on 23/10/2026.
Our position
Set the deadline before setting the price
Bad deals often start with an overly ambitious price and end with a temporary rental agreement. We recommend the reverse order: the closing date first, then the sales mandate, the price based on the market, and no property access between the move-out date and the closing.
Frequently asked questions
Can I sell my main residence after leaving the country without paying capital gains tax?
Yes, if the deed is signed no later than December 31 of the year following departure, if the property was your main residence at the start, if the State of installation is in the European Union or linked to France by an administrative assistance agreement (excluding non-cooperative State), and if the property has not been made available to anyone.
What happens if I rent out my property before selling it?
The initial exemption is lost. Depending on your profile, you are left with either the exemption capped at €150,000 of capital gains, which may still apply according to the doctrine if the sale takes place within ten years of departure, or taxation at 19% of the 13% tax rate with social security contributions.
Is the normal selling timeframe a good benchmark after moving abroad?
Not for a move abroad: the standard sales period, as assessed in practice, applies to the property while occupied until it is put on the market. For an expatriate, the benchmark is December 31st of the year following the transfer of their tax residence.
Are you going abroad and own a main residence in France?
The first interview is used to set your signing deadline, verify the quality of the primary residence on the departure date and to calculate the three possible schedules.
Are you a notary or a chartered accountant? And a client sells after their departure? We intervene in a co-contracting capacity on the schedule and the calculation: the client remains yours.
Book an appointment
The initial consultation is to establish your exact situation and determine if there is anything that can be done—sometimes there is nothing, and we will say so as well. Thirty minutes, with no obligation.
Book an exchange with Balmont Conseil
Alexis Sagnier, financial and real estate investment advisor, insurance broker, AMF certified. ORIAS 13003497. Updated on 23/10/2026.
Official sources consulted
- Main residence: BOI-RFPI-PVI-10-40-10 (version of 27/06/2023)
- Exemptions for non-residents: BOI-RFPI-PVINR-10-20
- Capital gains on real estate, fact sheet service-public.fr F10864
- Notice 2048-IMM (2026 edition), non-residents
- Senate, written question no. 00328, exemption of main residence upon departure (answer of February 2, 2023)
- Written Question No. 8008, Normal sales period (National Assembly)
