Real estate investment company (SCI) taxed under the personal income tax regime: how capital gains from the sale of a property are taxed to the partners

When a French real estate company (SCI) subject to income tax sells a property, the capital gains tax is not paid by the company as part of its profits. It is levied in the name of each partner present on the day of the sale, in proportion to their shareholding. The tax regime is the same as for individuals: 19% of income tax and 17.2% of social security contributions, after allowances for the holding period. The notary declares and pays the tax at the time of the deed.

This page deals with the sale of the building. It does not deal with the transfer of shares in the SCI, which is governed by a different rule.

Who is taxed, and on what capital gain?

The tax authorities explain it this way: the capital gain is calculated based on the acquisition and sale dates of the property by the SCI (real estate investment company), then taxed in the name of each partner present at the sale, "in proportion to their shareholdings." The tax treatment is identical to that for individuals, including allowances for holding period.

Two practical consequences:

• Only the partners present on the date of the sale are counted. Those who left the SCI earlier are not affected. Those who joined shortly before are taxed on their share.
• The holding period follows the dates of the SCI. According to the tax authorities' website, capital gains are calculated based on the acquisition and disposal dates of the property by the SCI (Société Civile Immobilière - French real estate company). The BOFiP (Official Bulletin of Public Finances) regarding tax allowances does not contain a specific rule for partnerships; for a partner who joined the company later, the applicable rule should be verified with the tax authorities.

The allowances for length of ownership

The calculation is done in twelve-month periods, from the date of the purchase to the date of the sale. The BOFiP (BOI-RFPI-PVI-20-20, version of 18/07/2023) provides two scales.

The two bases are different. A building held for 25 years by the SCI is no longer subject to income tax, but remains subject to social security contributions on a reduced basis.

The rate: 19 % and 17.2 %

The taxable capital gain is subject to income tax at 19%. Social security contributions are due at a total rate of 17.2%, according to form 2048-IMM of May 2026 and the tax authority's page dedicated to SCIs taxed under the personal income tax regime.

This rate of 17.2% is not the same as the 18.6% rate that has applied since 2026 to the general case of investment income. For capital gains on real estate and rental income, the CSG remains at 9.2%, with 0.5% of the CRDS and 7.5% of the solidarity levy (service-public.gouv.fr, page verified on 30/06/2026).

Exemptions: what applies, what is excluded

The exemptions for individuals generally apply to partners of a SCI (Société Civile Immobilière) subject to income tax, with two clarifications from the administration:

• The exemption reserved for old-age pension recipients does not apply.
• The partner who occupies a property owned by the SCI free of charge as their main residence can benefit from the main residence exemption, up to the amount of their contribution.

The other conditions for these exemptions are not listed here. They must be verified before the sale.

The surcharge applies above €50,000: the threshold is assessed at the company level.

An additional tax on high capital gains applies to gains exceeding €50,000 of taxable capital. For partnerships, the French tax authority (BOFiP) (BOI-RFPI-TPVIE-20) specifies that this tax is payable by the partnership and that the threshold is assessed at the partnership level. It is acceptable to consider only the share of partners subject to income tax, excluding the share of partners subject to corporate income tax and that of individuals exempt from tax on their principal residence.

This differs from joint ownership, where the threshold is assessed for each co-owner. Details of the scale are available on the related page. surcharge of 2 % to 6 %.

Capital losses cannot be offset

The tax authorities clarify that no offsetting of capital losses is possible. A capital loss in the SCI (Société Civile Immobilière) cannot be offset against capital gains of the same nature, nor against the overall income of the partners.

On the day of the sale: notary, single declaration, one month

The notary prepares the tax return (form 2048-IMM, Cerfa 12359; the tax authority's website refers to it as "2048-IMM or 2048-TAB") and pays the tax. Information sheet 2026 clarifies the framework for companies subject to Articles 8 to 8 ter of the French General Tax Code (CGI): a single return is filed for all partners present on the date of the transfer. It specifies the tax treatment of each share.

The filing must be made with the land registry office "within one month of the date of the deed," along with payment of the tax and social security contributions. Failure to pay the tax on high capital gains will result in the filing and registration being refused.

Do not confuse this declaration with the SCI's annual 2072 declaration. The latter concerns rental income: the tax authorities' information sheet explicitly states this. To distinguish between 2072-S and 2072-C, see the dedicated page.

After the sale: box 3VZ

The tax has already been paid at the time of the transaction. Each partner nevertheless reports their taxable share in their online income tax return, box 3VZ. This report is used to calculate their reference taxable income.

A three-partner SCI (real estate investment company) sells a building held for 16 years: a numerical example (fictitious profile)

Situation. A French real estate company (SCI) taxed under the personal income tax regime (IR) has three partners, holding 50, 30, and 20 shares respectively. It sells a building it purchased 16 years earlier. The gross capital gain is €180,000. All three partners are resident individuals present on the day of the sale.

Issue. To know what the sale costs each party, and whether the surcharge applies.

Strategy. Apply the allowances from the table above: from the 6th to the 16th year, i.e., 11 years. Income tax: 11 × 6 % = 66 % allowance. Social security contributions: 11 × 1.65 % = 18.15 % allowance. Then apply 19 % and 17.2 %, and allocate according to the shares. Finally, test the €50,000 threshold at the company level.

Result.

The taxable capital gain of €61,200 exceeds €50,000 at the company level. The tax on high capital gains is added: 2 % × €61,200 = €1,224. The total sale proceeds to €38,193.

Profile, amounts, and duration are fictitious. Acquisition costs, renovations, and selling expenses are not detailed in this example; the gross capital gain of €180,000 is a starting point. The figures illustrate the calculation and do not reflect your specific situation.

Selling a building through a SCI taxed under the IR regime: what changes depending on your situation

• The entry date of each partner : only the partners present on the day of the sale are taxed.
• The time since the acquisition by the SCI, retained for the calculation according to the administration page.
• The distribution of shares, which determines each person's share.
• The nature of each partner : natural person, or company, whose share taxation is different.
• Occupancy of the dwelling by a partner, free of charge and as a main residence.
• The tax residence of the partners For foreign partners, see the page on... foreign partners of a SCI.
• The nature of the operation : the transfer of shares in the SCI follows another rule, not dealt with here.

The rule depends on your situation. No results are guaranteed.