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Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

British Second Home in France After Brexit: Annual Property Taxes, the IFI Net and How to Challenge the Bill

You live in Manchester, Leeds or London, and you own a stone cottage in the Dordogne, a village house in Brittany or a seaside flat on the Côte d’Azur. Since Brexit you are a third-country owner, a non-European Union national for residence purposes, and every autumn the same envelopes arrive: the taxe foncière, the annual local tax on built property, then the taxe d’habitation sur les résidences secondaires, the council-type charge that still applies to furnished second homes. Some councils add a surcharge of up to 60 per cent, and owners whose French property wealth crosses 1.3 million euros face a further return, the impôt sur la fortune immobilière, the annual tax on French property wealth. British owners often pay these bills without checking them, because the calculation looks opaque and the appeal route looks French-only. That reflex costs money. Valuations go out of date, occupancy is misrecorded, surcharge zones are misapplied, and exchange-rate movements push sterling budgets over the edge. This guide sets out the whole annual burden in order. First, what you pay each year on a second home that you occupy part-time: who is liable for the taxe foncière and how the base is built, then who pays the second-home taxe d’habitation and where the surcharge comes from. Second, when your French property wealth itself is taxed through the impôt sur la fortune immobilière, how non-residents are caught and valued, and how you challenge a wrong bill through a formal claim, the réclamation contentieuse, before the administrative court if needed.

I. How much council-style tax do you pay each year on a French second home after Brexit?

Two local taxes dominate the annual cost of a French holiday home. The taxe foncière sur les propriétés bâties, the built-property land tax, falls on the owner every year whether the house is occupied or empty. The taxe d’habitation sur les résidences secondaires, universally shortened to THRS, falls on the occupier of a furnished second home, which for a British owner-occupier is usually the same person. The two taxes share a base, the valeur locative cadastrale, the notional annual rental value recorded for the property, but they have different liable persons, different rates and different reliefs. Understanding which one you are paying, and in which capacity, is the first step before any challenge, because the office that corrects an ownership error is not the same procedure as the one that corrects an occupancy error.

A. Why does the taxe foncière bill arrive even when you live in Britain?

The taxe foncière is an ownership tax. The statute states the principle in one sentence: “La taxe foncière est établie annuellement sur les propriétés bâties sises en France à l’exception de celles qui en sont expressément exonérées par les dispositions du présent code.” (Article 1380 of the General Tax Code on Légifrance). The built-property land tax is assessed every year on built properties situated in France, except those expressly exempted by the Code. Living in Britain, letting the house stand empty for ten months, or visiting only in August changes nothing: if you own a built property in France on 1 January, the bill follows the ownership, not the occupation. The scope is deliberately wide. The Code adds: “Sont également soumis à la taxe foncière sur les propriétés bâties :” (Article 1381 of the General Tax Code on Légifrance). The list that follows catches outbuildings, fixed installations, houseboats fitted out for dwelling, the ground under buildings and land forming their immediate and indispensable dependency. A British buyer who acquires a cottage with a converted barn, a swimming-pool plant room, a fixed mobile home fitted for habitation or a large walled garden should expect each element to feed the assessment where it meets the statutory description.

The amount you pay is the valeur locative cadastrale multiplied by the rates voted each year by the commune, the municipality, the intercommunal body and, historically, the department, plus the waste-collection charge, the taxe d’enlèvement des ordures ménagères, universally called the TEOM, where the council funds refuse collection through the tax bill rather than a separate invoice. The valeur locative is not your Airbnb income and not the estate agent’s rental estimate. It is an administrative rental value derived from the 1970servalues updated by national coefficients, adjusted for the recorded comfort elements of the dwelling: surface bands, number of rooms, running water, electricity, central heating, bathroom fittings and the state of repair declared to the cadastre. The administration re-records changes every year in these terms: “Il est procédé, annuellement, à la constatation des constructions nouvelles et des changements de consistance ou d’affectation des propriétés bâties et non bâties” (Article 1517 of the General Tax Code on Légifrance). Each year new buildings and changes in size or use of built and unbuilt properties are recorded. That sentence matters for British owners because it works in both directions. An extension, a loft conversion, a pool house wired with heating or a barn turned into a gîte that you declared, or that the aerial photographs declared for you, raises the base. A demolition, a subdivision, serious dilapidation or a lasting loss of a comfort element, properly reported with evidence, lowers it.

Three practical points cause most British disputes. First, the liable person on 1 January pays the whole year. Buy in February and the seller’s notaire, the French public conveyancing officer, normally apportions the taxe foncière between seller and buyer in the completion accounts, but that apportionment is a private adjustment: against the Treasury the person who owned on 1 January remains the debtor. Sell in March and you still owe the full year unless the deed says the buyer reimburses you pro rata. Check the completion statement before arguing with the tax office. Second, new builds and qualifying energy-renovation works can carry temporary exemption, typically two years for new residential construction on declaration, and older owners sometimes inherit an exemption they never applied for because the developer filed it. The exemption is never automatic without the filing, and a British buyer who assumes the first two bills were waived by mistake can face back-billing. Third, the TEOM line follows the council’s refuse-collection decision, not your actual use of the bins. A cottage you never visit still bears the TEOM where the council levies it through the taxe foncière, and the only remedy is the council’s own exempting decision for distant or unserved properties, proved by plans and the collection route, not by your ferry tickets.

Where the taxe foncière looks wrong, the file to assemble is the same one a French adviser would build: the latest assessment notice with the cadastral references, the relevé de propriété or title deed showing surfaces, the planning permissions and completion declarations for any works, dated photographs of dilapidation where you claim a downgrade, and the apportionment clause of the purchase deed where the dispute is really between seller and buyer. The Service Public English-language page on second-home housing tax explains the parallel occupancy tax and points towards the impots.gouv.fr personal account where both bills can be viewed (see Service Public, THRS factsheet in English), and the impots.gouv.fr guidance on which households still pay housing tax in 2026 confirms that second homes remain taxable while main homes are out (see impots.gouv.fr, who pays housing tax in 2026). Keep the French terms on every letter you send: quoting the valeur locative, the local de référence used as comparator, and the rate lines shows the inspector which line you dispute and shortens the exchange by months.

B. How does the taxe d’habitation on second homes work and when can the surcharge bite?

Since the abolition of taxe d’habitation on main homes, the remaining housing tax is a second-home tax. The charging provision now reads: “La taxe d’habitation sur les résidences secondaires est due pour tous les locaux meublés conformément à leur destination d’habitation autre qu’à titre principal, y compris lorsqu’ils sont imposables à la cotisation foncière des entreprises.” (Article 1407 of the General Tax Code on Légifrance). The second-home housing tax is due on all premises furnished for residential use other than as a main home, even where they also bear business rates. The furnished test is decisive. A cottage with beds, a kitchen and heating that you keep available for your own stays is taxable even if you sleep there only three weeks a year. A genuinely empty, unfurnished shell undergoing heavy works is a different case, but the burden of proving the unfurnished state, with inventory, photographs, disconnection records and the builder’s contracts, sits squarely on the owner. The administration starts from the annual occupancy declaration you file in the Gérer mes biens immobiliers online service, the declare-your-property-status portal on impots.gouv.fr, and cross-checks it against electricity consumption and council records.

Liability follows occupation, not ownership. The Code provides: “La taxe est établie au nom des personnes qui ont, à quelque titre que ce soit, la disposition ou la jouissance des locaux imposables.” (Article 1408 of the General Tax Code on Légifrance). The tax is assessed in the name of the persons who have the disposal or enjoyment of the taxable premises on any basis. For a British owner who occupies the cottage personally, that is the owner. Where the cottage is let furnished year-round to a sitting tenant, the tenant is the occupier on 1 January and bears the THRS, which is why long-let contracts should state the position expressly. Where the cottage is run as a seasonal furnished let, a meublé de tourisme classified for holiday letting, the owner who keeps disposal between bookings remains liable, and the tourist-tax, the taxe de séjour collected per night for the council, is a separate charge on top. Timeshare structures are dealt with expressly: attribution companies for timeshare occupation bear the tax on the units allocated to their members. Short-term letting through a platform does not move the THRS onto the guest.

The surcharge is the painful part. In municipalities facing a proven housing imbalance, councils that have voted the statutory surcharge can increase the THRS share going to the commune by 5 to 60 per cent. Paris, much of the inner Paris region, the Basque coast, large parts of Brittany and the Alpine and Riviera resorts all use the maximum or close to it, and the list is extended by decree every few years. A British owner who bought before the zone extension often discovers the line majoration on the bill without any prior letter, because the surcharge follows the council vote and the zoning decree, not an individual decision. The only individual exemptions are narrow: premises retained for professional use exclusively, or specific temporary-accommodation and student-housing cases the statute lists alongside. A holiday cottage kept for family use meets none of them. The workable defences are therefore factual: the premises were not furnished for residential use on 1 January, the occupier recorded is wrong because a yearly tenant held the keys, or the property sits outside the surcharged part of the commune where the deliberation draws a boundary. Each defence needs its own papers: removal invoices and empty-property photographs for the unfurnished claim, the signed yearly lease and rent receipts for the tenant claim, the cadastral plan against the council deliberation for the boundary claim.

Two administrative traps catch British owners specifically. The first is the Gérer mes biens immobiliers declaration itself. Since 2023 every owner must declare the occupancy status of each property: main home, second home occupied by the owner, let under which regime, or vacant and if so furnished or not. A British non-resident who never opened an impots.gouv.fr account, or who left the status as logement vacant, vacant dwelling, from a previous year, can be assessed on a default that triggers the wrong tax or the vacancy taxes instead. The second trap is the overlap between THRS and the vacancy taxes, the taxe sur les logements vacants, the national empty-home tax, and the taxe d’habitation sur les logements vacants, the council empty-home tax. A furnished second home pays THRS; a dwelling vacant, unfurnished and habitable for over a year in a tight-housing zone pays the vacancy tax instead; the two are not cumulative on the same unit, but reclassification from one to the other during a works year is a frequent source of double billing that only a dated paper trail resolves. The UK side offers no shelter here: the GOV.UK guidance on living in France reminds British nationals that French local taxes apply to French property regardless of UK residence (see GOV.UK, Living in France guide), and double-taxation relief does not cover French local taxes of this kind.

II. When does France tax your wealth on a holiday home and how do you challenge the bill?

Above the annual council-type taxes sits a national wealth tax on property, and above that sits the appeal system that corrects all of them. The wealth tax catches British non-residents directly on their French bricks and mortar, with a threshold, a valuation date and a rate scale that reward careful measurement and punish round-number declarations. The appeal system is generous on paper, with online claims, strict reply periods and a real court at the end, but it runs on short deadlines and on the principle that the person who asserts a different value proves it. The two halves of this part belong together: the wealth-tax rules tell you whether you are in the net, and the challenge rules tell you how to get out of it or reduce the bill without losing on procedure.

A. Does the impôt sur la fortune immobilière catch a British non-resident owner?

The wealth tax is created in these words: “Il est institué un impôt annuel sur les actifs immobiliers désigné sous le nom d’impôt sur la fortune immobilière.” (Article 964 of the General Tax Code on Légifrance). An annual tax on property assets is established under the name of real-estate wealth tax. The same article sets the entry point and the non-resident rule. Taxpayers are liable where the value of their assets described in Article 965 exceeds 1,300,000 euros, and for individuals without a French tax domicile the charge falls on French-situated buildings and rights plus company shares to the extent of their French-property fraction. A British owner living in Kent with a Dordogne estate worth 1.5 million euros is therefore inside the tax on the French assets alone, while the London house and the UK portfolio stay outside. The same article fixes the snapshot date: “Les conditions d’assujettissement sont appréciées au 1er janvier de chaque année.” (Article 964 of the General Tax Code on Légifrance). Liability conditions are assessed on 1 January each year. Sell on 2 January and the year is still due; buy on 2 January and the year escapes you.

The base is net value at that date. The Code states: “L’assiette de l’impôt sur la fortune immobilière est constituée par la valeur nette au 1er janvier de l’année :” (Article 965 of the General Tax Code on Légifrance). The taxable base is the net value on 1 January of the year of all the buildings and rights belonging to the listed persons and their minor children, plus company shares in proportion to their underlying French-property content. Three consequences follow for British structures. Direct ownership is valued at open market value less qualifying debts outstanding on 1 January, with deductible loans strictly limited to those funding taxable assets and evidenced by amortisation tables. Ownership through a French société civile immobilière, the family property company British buyers use to hold a holiday home, is valued through the shares: the share value is multiplied by the ratio of taxable French property to total company assets, so cash, quoted securities and operating assets inside the same company dilute the fraction while French bricks concentrate it. Ownership through an English company or trust over French land is looked through to the French bricks for non-residents, and the anti-avoidance disregards for certain related-party and intragroup debts apply, which is why a loan from the owner to his own property company to inflate the deductible debt can be neutralised.

Valuation follows death-duty rules, with one famous adjustment for main homes that second-home owners do not get. The rule reads: “La valeur des actifs mentionnés à l’article 965 est déterminée suivant les règles en vigueur en matière de droits de mutation par décès.” (Article 973 of the General Tax Code on Légifrance). The value of the Article 965 assets is set under the valuation rules for death duties. For death duties that means open market value, proved by comparable sales of similar properties at a nearby date, with the valuer adjusting for surface, condition, location, tenancy and planning constraints. The 30 per cent main-home allowance the same article grants on the owner’s principal residence is unavailable for a British-owned second home by definition, so two identical cottages side by side can lawfully bear different wealth-tax values where one is the owner’s main home and the other is a holiday home. The rate scale then applies in slices: “Le tarif de l’impôt est fixé à :” (Article 977 of the General Tax Code on Légifrance), with nil up to 800,000 euros, then in the version in force at the verification date “Supérieure à 800 000 € et inférieure ou égale à 1 300 000 € 0,50” per cent, 0.70 per cent up to 2,570,000 euros, 1 per cent up to 5,000,000 euros, 1.25 per cent up to 10,000,000 euros and 1.50 per cent above, plus a smoothing reduction where the net taxable wealth sits between 1,300,000 and 1,400,000 euros. The threshold that brings you in is 1,300,000 euros, but the scale starts biting at 800,001 euros once you are in, which surprises owners who reason that only the excess over 1.3 million is taxed.

Filing is part of the trap. French-resident wealth-tax payers declare the IFI with the income-tax return; British non-residents liable only on French assets file the dedicated IFI return with its schedules, and since the migration of property reporting to the online account the return must reconcile with the Gérer mes biens immobiliers entries and the taxe foncière cadastral values. A valuation that contradicts the cadastral rental value by an order of magnitude without explanation invites a query, as does a debt deduction without the loan agreement. Keep an annual valuation file: the notarial market study or agent comparables at 1 January, the loan amortisation tables, the SCI balance sheet where shares are held, the works invoices that add value and the tenancy that depresses it. Where the wealth sits just above the threshold, that file is the difference between paying the full scale and proving you sit below it. Where Brexit adds a currency layer, convert with the 1 January rate and keep the Bank of England printout: the inspector works in euros and the sterling cost of the bill is not a ground of reduction, but a documented conversion stops a rounding dispute from becoming a penalty dispute.

B. How do you challenge a wrong valuation, a wrong occupant or a missed deadline?

Every tax in this guide is challenged through the same gateway. The procedural code states: “Les réclamations relatives aux impôts, contributions, droits, taxes, redevances, soultes et pénalités de toute nature, établis ou recouvrés par les agents de l’administration, relèvent de la juridiction contentieuse lorsqu’elles tendent à obtenir soit la réparation d’erreurs commises dans l’assiette ou le calcul des impositions, soit le bénéfice d’un droit résultant d’une disposition législative ou réglementaire.” (Article L190 of the Tax Procedure Book on Légifrance). Claims about taxes of every kind assessed or collected by the administration belong to the contentious jurisdiction where they seek correction of base or calculation errors or the benefit of a statutory right. In plain terms, a British owner who says the valeur locative is too high, the THRS occupier is wrong, the surcharge zone does not cover the hamlet, or the IFI valuation ignores a tenancy, files a réclamation contentieuse, a formal adversarial claim, first to the tax office, then to the administrative court, the tribunal administratif, if the office refuses or stays silent.

Time limits are strict and run from the assessment, not from the purchase. For local taxes the claim must generally reach the office by 31 December of the year following the year shown on the notice, with the online messagerie sécurisée of the impots.gouv.fr account giving a timestamped receipt that paper post cannot match. For the IFI the claim follows the assessment or the retained levy with the same structure: state the tax, the year, the article of assessment, the amount contested and whether you seek full discharge or partial reduction, attach the evidence, and ask expressly for penalty relief, the dégrèvement des pénalités, where late payment followed an honest dispute. Pay first where you can. French collection is not suspended by the claim except on express stay, and enforcement with surcharges continues while the file is examined unless you lodge a formal suspension request with guarantees. British owners who stop the direct debit in protest regularly turn a winnable valuation argument into a penalty case that the valuation win does not automatically cure.

The evidence differs by tax but the method is constant: identify the exact line, state the correct figure, prove it. For taxe foncière, attack the valeur locative with the cadastral comparator, the local de référence, showing that the reference dwelling used for your street is better equipped than yours, or prove a physical change the annual recording has missed: demolition with the planning receipt, subdivision with the new cadastral extracts, or lasting dilapidation with dated reports. For THRS, prove the status on 1 January: removal and storage invoices plus empty-property photographs for the unfurnished claim, the full-year lease plus rent receipts and the tenant’s own housing-tax position for the let claim, the employer’s certificate and business-rates bill for the exclusively professional claim. For the surcharge, produce the council deliberation and the zoning map: where the commune voted the surcharge but your hamlet sits outside the tight-housing decree perimeter, the increase falls away even though the base tax remains. For the IFI, bring the valuer’s comparable-sales study at 1 January, the tenancy depressing the block value, the planning refusal capping development hope value, and the loan tables proving net value after qualifying debt.

If the office refuses expressly or stays silent for six months, the refusal, or the implied refusal, goes to the tribunal administratif of the property’s location within two months of notification, with the claim, the assessment, the refusal and the evidence bundle, all translated where the judge requires it. The court checks the base, the rate and the procedure, orders discharge or reduction with interest on overpayment, and can refer valuation to expert evidence where the gap between the parties survives the papers. Parallel routes exist for narrow cases: the recours gracieux, the discretionary plea, asks the office to remit penalties or grant time where the base is accepted but payment hurts, and the departmental valuation commission can be asked to give an opinion on rental-value disputes before the court stage. None of these routes needs French residence: a British non-resident claims from abroad through the online account or through a French representative, the mandataire, with a signed authority, and service of court papers runs to the elected address in France or to counsel. The file that wins is built on 1 January evidence, filed before 31 December of the next year, and argued line by line; the file that loses arrives late, disputes the total without breaking it down, or asks the judge to revalue sterling instead of euros.

Conclusion

A British second home in France carries three layers of annual tax after Brexit, and each layer has its own logic. The taxe foncière follows ownership on 1 January and prices the bricks through an administrative rental value that only dated evidence of size, comfort and condition can move. The second-home taxe d’habitation follows furnished occupation on the same date and now bites hardest where councils have voted the surcharge in tight-housing zones, with the owner’s online occupancy declaration deciding which tax applies before any inspector intervenes. The impôt sur la fortune immobilière follows net French property wealth at 1 January above 1.3 million euros, looks through companies to the underlying land, values under death-duty comparables without the main-home allowance, and taxes from 800,001 euros once the threshold is crossed. Against all three, the same remedy applies: a reasoned réclamation contentieuse that names the line, states the right figure and proves it, filed before the 31 December deadline, paid under protest where collection continues, and taken to the tribunal administratif within two months if the office refuses. British owners who keep a 1 January file, with deeds, leases, photographs, loan tables and a valuer’s comparables, pay the right amount and recover the rest; owners who pay the total without reading the lines fund the commune more generously than the law requires.

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Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

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Best real estate and business lawyer in Paris. A compassionate and attentive lawyer, with a wonderful team. Thank you, Maître KOHEN

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Janou SAMUEL
1 month ago

Thank you to Maître KOHEN for his analyses of recent case law regarding fraudulent concealment in real estate sales. This reinforces my decision to pursue an action for rescission that I am considering after acquiring a house affected by serious defects intentionally concealed by the seller and not reported by the real estate agent; also defects (rising damp) characterized by progressive through-cracks and damp patches, not reported by the real estate agent… Worse, defects concealed by the latter or on his initiative under a coat of paint and polystyrene tiles glued to the ceiling of a bedroom. And said real estate agent was the drafter of the preliminary contract, which naturally contains no information regarding any of these defects. I would just add that, being 77 years old and suffering from cognitive impairment, I am certain the real estate agent thought I would not be able to uncover the deception and, above all, characterize fraudulent intent, let alone initiate legal proceedings given the complexity and length of the process... That is why I am opting for criminal proceedings, insofar as the intentional concealment of defects by the seller and then by the real estate agent

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Paul MALIK (powlo)
4 months ago

Maître Reda KOHEN assisted me in a dispute concerning a sale agreement with a defaulting party. He provided professional and responsive support, and I highly recommend him.

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Legal advice is only valuable if it arrives on time — delighted to have been there when needed. Thank you for your kind words.

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5 months ago

I highly recommend Maître Reda Kohen. Thanks to his explanations, I was able to recover my security deposit in a situation that seemed blocked. He was responsive, clear, and very professional. A big thank you for his invaluable help!

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The return of the security deposit is a more common rental dispute than one might think; glad that the situation was resolved quickly. Thank you for this feedback.

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5 months ago

Excellent support from Maître Kohen in a case combining business law and real estate law. Clear legal analysis from the first meeting, right through to the hearing. Professional and accessible lawyer, I highly recommend his firm in Paris 17.

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Cases at the intersection of business law and real estate law require a comprehensive overview — that's the core of the firm's practice, from the initial meeting to the hearing. Thank you for this precise recommendation.

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5 months ago

Maître Kohen assisted me in recovering unpaid debts from a defaulting tenant. Procedure mastered from start to finish, from the payment order to eviction. Human, attentive, and always reachable. Thank you for your work.

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Collecting unpaid rent requires a procedure handled from start to finish, without downtime — glad to have seen yours through to completion. Thank you for this testimonial.

Cha
5 months ago

As a young student living in an apartment, my landlord tried to make me leave my accommodation even though he had sent me no termination notice. I therefore contacted Mr. Reda Kohen to help me as I couldn’t handle the situation alone. In just 3 days everything was resolved, Maître Kohen defended me and accompanied me with an irreproachable level of commitment and efficiency. I can only recommend his professionalism!

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An irregular termination notice does not terminate a lease: delighted that the situation was resolved in a few days. Good luck with your studies.

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6 months ago

I turned to Maître Kohen for a complex real estate dispute and I highly recommend his firm. He is very professional; he thoroughly analyzed my case from the very first appointment and clearly explained the possible options. Thanks to his expertise, we achieved a very favorable outcome. Responsive, a good teacher, and committed, he is a lawyer you can truly trust. Yours faithfully, Miss Maazaz

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Thank you very much, Miss Maazaz, for this feedback. Analytical rigor and responsiveness are essential commitments of our law firm specializing in real estate law in Paris, where each case requires a tailored approach. Delighted that we were able to achieve a favorable outcome. The firm remains at your disposal. Best regards.