Cabinet Kohen Avocats · Paris

Maître Reda KOHEN intervient en droit immobilier, droit des sociétés et droit des affaires à Paris. Première analyse : 80 € TTC, réponse personnelle sous 24 heures.

100 % confidentiel · Secret professionnel · Sans engagement

Barreau de Paris Immobilier, sociétés, affaires Fiche CNB avocat.fr
Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

British Landlord in France After Brexit: Your Rental Tax Bill, Social Charges and How to Challenge a Wrong Assessment

You live in Manchester, Leeds or London, and you own a flat in Paris, Lyon or Nice that you let out while you stay in Britain. One morning an envelope from the French tax office arrives at your French address, or a new bill appears in your online account on impots.gouv.fr, and the amount looks far higher than the rent you actually kept. Since Brexit, this is one of the most common shocks for British owners: France taxes the rent at source under its own rules, adds social levies on top, and applies a special minimum rate to people who do not live in France. Each line of that tax bill follows a different statute, and a mistake on any one of them can cost you hundreds or thousands of euros a year. This guide explains, for a British reader, how France taxes rental income received by a British resident, why the bill combines income tax and social charges, when a lower average rate can replace the minimum rate, how the furnished or unfurnished nature of the letting changes everything, and exactly how to challenge a wrong assessment from the United Kingdom. French legal terms are explained the first time they are used. The law is stated as in force on 23 September 2026, with the exact statutory references you or your adviser can check on Legifrance. It is written in UK English for a British reader.

I. How France Taxes Your French Rents When You Live in Britain: The Rules Behind the Bill

A. Why France taxes the rent first: French-source income and the treaty rule that gives France priority

The starting point surprises many British owners: even though you live in the United Kingdom and pay tax there, France claims the first right to tax the rent from your French flat. Under French domestic law, rents from buildings located in France are treated as French-source income whatever the nationality or residence of the owner. Article 164 B of the French General Tax Code (Code général des impôts) provides that “Sont considérés comme revenus de source française : a. Les revenus d’immeubles sis en France ou de droits relatifs à ces immeubles”, which means that income from buildings situated in France, or from rights relating to those buildings, counts as French-source income. That single sentence is why your Paris rent is taxable in France before it is taxable anywhere else, and you can read it in full on Legifrance, Article 164 B of the General Tax Code.

The second question is whether you are resident in France for tax purposes, because residents and non-residents file differently and are taxed differently. Your tax residence (domicile fiscal) does not depend on your passport. Article 4 B of the General Tax Code states that “Sont considérées comme ayant leur domicile fiscal en France au sens de l’article 4 A : a. Les personnes qui ont en France leur foyer ou le lieu de leur séjour principal”, so a person whose home or principal place of residence is in France is treated as fiscally domiciled there; see Legifrance, Article 4 B of the General Tax Code. If your family home, your daily life and the centre of your interests remain in Britain, you are normally non-resident for French tax purposes, and your French flat alone does not make you French-resident. That classification matters because it decides which tax office handles your file: non-residents declare to the Non-Residents Tax Department (Service des impots des particuliers non-residents) in Noisy-le-Grand, while residents declare to the local office of their French address.

International law confirms the French priority. The France-United Kingdom double tax convention signed in London on 19 June 2008, which remains in force after Brexit, dedicates its Article 6 to rental income. It states that income derived from immovable property situated in a Contracting State, including agriculture and forestry income, may be taxed in that State, and adds that with that rule expressly extended to income from direct use, letting, or any other use of the property You can read the official English text on gov.uk, 2008 UK-France Double Taxation Convention, Article 6. In plain terms, the rent from your French flat may be taxed in France, and the United Kingdom then gives relief for the French tax under the treaty so that the same rent is not taxed twice in full. France therefore taxes first, and Britain adjusts second, which is why understanding the French bill is always the priority.

In practice, as a British non-resident you must file a French income tax return (déclaration de revenus) each spring covering the previous year’s French rents, even if a letting agent or tenant has already accounted for part of the tax. The return is filed online on impots.gouv.fr or on paper forms 2042 and 2042-C, and the French administration publishes a dedicated English-language guide for people in your position on impots.gouv.fr, Non-residents of France. Missing that return does not make the tax disappear: the administration can assess you on the basis of the information it holds, add late-filing penalties, and you lose the chance to claim the favourable average rate described below. So the first reflex when a bill arrives is to check that a return was filed, for the right year, with the right boxes ticked for non-residence and for the nature of the letting.

One common misunderstanding must be cleared up immediately. Some owners assume that because they already declare the rent to HM Revenue and Customs in Britain, the French bill is a duplicate that can be ignored. It cannot. The treaty allocates the primary taxing right to France, and HMRC expects you to declare the French rent in the United Kingdom and then claim Foreign Tax Credit Relief for the French tax paid. Ignoring the French notice while declaring in Britain leaves the French debt growing with penalties, and the French Treasury can pursue recovery against your French property and French bank balances. Always treat the French assessment as the main bill and the British declaration as the second step.

B. The 20 and 30 per cent minimum rate, the lower average rate you can claim, and the social charges on top

The line on the bill that shocks British owners most is the rate. France does not simply apply its ordinary progressive scale to your rent. For people without a French tax domicile who receive French-source income, Article 197 A of the General Tax Code imposes a floor: “l’impôt ne peut, en ce cas, être inférieur à un montant calculé en appliquant un taux de 20 % à la fraction du revenu net imposable inférieure ou égale à la limite supérieure de la deuxième tranche du barème de l’impôt sur le revenu et un taux de 30 % à la fraction supérieure à cette limite”. In other words, the French tax on your rent cannot be lower than 20 per cent on the part of your net taxable income up to the top of the second band of the income-tax scale, and 30 per cent above that. Read the full provision on Legifrance, Article 197 A of the General Tax Code. Because most British landlords have modest French rental profits, the 20 per cent floor is usually the one that bites, and it often produces a higher bill than the ordinary scale would give a French resident with the same rent.

But the same article contains a lifeline that many bills ignore: the average rate (taux moyen). The statute continues by allowing the taxpayer who shows that the French tax on all of his French and foreign income would be lower than those minimum rates to have that lower rate applied to the French-source income. In practice, if your worldwide income is modest, for example because the French rent is your main income or because your British income is a small pension, your real average French tax rate may be well below 20 per cent, sometimes close to zero. The French tax administration explains the procedure in English on impots.gouv.fr, Non-residents of France: a non-resident with French-source income can request the average rate, which is calculated on the household’s worldwide earnings and applied only when it is more favourable than the 20 and 30 per cent minimum rates. The administration adds a practical warning that matters enormously: when couples with mixed residency file online, the box for the average rate does not always appear, so you must state the request expressly in the information section at the end of the return and list your foreign-source income so it enters the calculation. If the initial notice ignores your request, the guidance tells you not to amend the return online, which could create a further error, but to appeal through the secure messaging service with supporting documents such as the tax notice from your country of residence.

Take a concrete example. Suppose your Lyon flat brings in 14,400 euros of gross annual rent, your deductible charges are 3,400 euros, and your net taxable rental profit is 11,000 euros. At the 20 per cent minimum, the French income tax is about 2,200 euros before social charges. But if that rent plus your small British pension gives your household a worldwide taxable income on which the French scale would charge an average of 6 per cent, the average rate cuts the French bill to about 660 euros. The difference pays for professional advice many times over, yet the benefit is never automatic: it must be claimed, documented with your British tax notice, and checked on the assessment. Every British landlord receiving a French bill at 20 per cent should therefore ask whether the average rate was considered, and if not, whether a claim is still possible through a formal complaint.

On top of the income tax comes a second layer that British owners often mistake for a duplicate: the social levies (prélèvements sociaux) at a combined 17.2 per cent on the net rental profit. These levies fund French social protection and in principle apply to French property income even when the owner lives abroad. The legal base for the main contribution is Article L. 136-6 of the Social Security Code (Code de la securite sociale), which defines the persons and the property income subject to the contribution; see Legifrance, Article L. 136-6 of the Social Security Code. In practice the 17.2 per cent breaks down into several contributions, and European law has carved out important exemptions: people who are affiliated to the social security system of another EU or EEA state, Switzerland, or the United Kingdom under the Brexit withdrawal arrangements, and who hold the proper certificate such as an S1 form or an A1 posting certificate, can be relieved of part of these levies and pay only a reduced solidarity charge instead. The precise relief depends on your certificate, your affiliation and the year concerned, so the only safe method is to read each line of your assessment, compare it with the certificate you hold, and challenge any line that charges a contribution from which your affiliation exempts you. Never assume the social charges line is automatically correct, and never assume it is automatically wrong either: it must be checked document by document.

Two practical consequences follow. First, keep your British tax notice (P60, Self Assessment calculation, or HMRC tax year overview) and your social security certificate with your French file every year, because both are needed to claim the average rate and any social-levy relief. Second, when you compare the French bill with your British liability, remember that the British Foreign Tax Credit Relief only covers French tax that is properly due under the treaty. French tax that you could have reduced by claiming the average rate, or social levies charged in error, will not necessarily be refunded by London. Overpaying in France therefore costs you twice: once to Paris and once in unrelieved tax at home.

II. When the Bill Is Wrong: Getting the Letting Category Right and Challenging the Assessment from the UK

A. Unfurnished or furnished: the classification that decides your taxable profit and your city permits

Half of the wrong bills sent to British owners come from a classification error: the flat is taxed as unfurnished when it is let furnished, or the reverse. The distinction is fundamental. An unfurnished letting (location vide) produces rental income (revenus fonciers): the tenant brings his own furniture, the lease usually runs for three years, and the net profit is gross rent minus deductible charges. A furnished letting (location meublée) is treated in France as a commercial activity, and the profit is taxed as industrial and commercial profit (bénéfice industriel et commercial, known as BIC): the flat must be equipped with enough furniture for the tenant to live there immediately, with bedding, cooking equipment, crockery, and household linen. If your Paris studio was let with a bed, a equipped kitchen corner, and the basic equipment for daily life, it is a furnished letting for tax purposes even if your British agent described it as a standard let. Getting this wrong changes the deductible charges, the flat-rate schemes available, the social regime, and sometimes the validity of the lease itself.

For unfurnished lettings, small landlords can use the micro-foncier flat-rate scheme: instead of deducting real expenses, the administration applies a 30 per cent standard allowance to the gross rent and taxes the remaining 70 per cent, provided the gross rent stays within the statutory ceiling. Above that ceiling, or by choice, the landlord uses the actual-expenses regime (régime réel), deducting the real charges listed by Article 31 of the General Tax Code, which covers repair and maintenance costs actually borne by the owner, insurance premiums, unrecovered charges paid on behalf of the tenant, co-ownership provisions, improvement works on dwellings excluding construction or extension, management fees, and loan interest. Read the full list on Legifrance, Article 31 of the General Tax Code. British owners very often under-claim here: the concierge fees, the managing agent’s commission, the buildings insurance, the interest on the French mortgage, and the unrecovered service charges after a tenant leaves are all deductible when they are documented, and each missing receipt increases the taxed profit euro for euro.

For furnished lettings, the equivalent flat-rate scheme is the micro-BIC regime organised by Article 50-0 of the General Tax Code, but since the 2024 finance legislation the ceilings have been tightened and split. The verified text now sets three thresholds: 203,100 euros for businesses whose main trade is selling goods or supplying accommodation other than direct or indirect letting of furnished residential premises, 15,000 euros for businesses whose main activity is letting furnished tourist accommodation (meublés de tourisme) as defined by the Tourism Code, and 83,600 euros for other businesses, which covers ordinary long-term furnished lettings. See Legifrance, Article 50-0 of the General Tax Code. Below the relevant ceiling, the micro-BIC scheme applies a standard allowance, historically 50 per cent for ordinary furnished lets and lower for tourist lets, and taxes the remainder; above it, or by election, the actual-profits regime allows deduction of real costs including depreciation of the furniture and, within limits, of the building itself. A British owner whose Nice flat is let to holidaymakers week by week therefore faces the 15,000 euro ceiling and a thinner allowance, while the same flat let to a student for the academic year falls under the more generous ordinary furnished ceiling. Many bills go wrong precisely here, with tourist-let rents taxed under the ordinary furnished rules or the reverse.

The courts treat furnished letting as a genuine commercial activity and measure it with precision. In a widely noted wealth-tax decision, the Commercial Chamber of the Court of Cassation held that for the professional-landlord test, income and gross receipts are different things: “la notion de revenus doit être distinguée de celle de recettes en ce qu’elle correspond aux sommes effectivement perçues par les contribuables”, meaning that revenue means the sums actually received by the taxpayer, not the turnover figure. Read the full ruling: Court of Cassation, Commercial Chamber, 20 December 2023, appeal no. 22-17.612. The lesson for your income-tax bill is direct: the administration must tax what you actually received, after the correct deductions, under the correct category. A notice that taxes gross rents without the allowance, or that applies the furnished rules to an unfurnished lease, contradicts the very logic the highest court applies.

Furnished tourist letting adds a third layer of control that has nothing to do with tax but can destroy the rental business: the town hall. Under Article L. 324-1-1 of the Tourism Code (Code du tourisme), “les meublés de tourisme sont des villas, appartements ou studios meublés, à l’usage exclusif du locataire, offerts à la location à une clientèle de passage qui n’y élit pas domicile et qui y effectue un séjour caractérisé par une location à la journée, à la semaine ou au mois”, so any furnished villa, flat or studio offered exclusively to passing visitors staying by the day, week or month is a tourist furnished letting. See Legifrance, Article L. 324-1-1 of the Tourism Code. The same article requires every person offering such accommodation to declare it in advance on the national online portal, which issues an electronic acknowledgement with a declaration number that must appear on every advert. In Paris, Lyon, Nice and many other strained cities, short-term tourist letting of a second home additionally requires a prior authorisation for change of use (autorisation de changement d’usage), often with a compensation obligation, and letting without it exposes the owner to heavy civil fines per day of breach ordered by the court. A British owner who bought a second home and placed it on a holiday platform without the declaration number and without checking the change-of-use rules can therefore receive two shocks at once: a tax bill and a fine. Before signing with any platform, verify the declaration, the authorisation, and the co-ownership rules, because most Paris co-ownership by-laws restrict or forbid short-term tourist use and neighbours can force compliance through the courts.

B. How to challenge a wrong French rental assessment without leaving Britain

French tax law gives you a structured remedy, and the first step is compulsory: before any court, you must file a formal complaint (réclamation contentieuse) with the tax office. Article R*190-1 of the Tax Procedures Book (Livre des procedures fiscales) states that “Le contribuable qui désire contester tout ou partie d’un impôt qui le concerne doit d’abord adresser une réclamation au service territorial, selon le cas, de la direction générale des finances publiques ou de la direction générale des douanes et droits indirects dont dépend le lieu de l’imposition.” In practice this means writing first to the office that issued the assessment, or for most British owners to the Non-Residents Tax Department, before any judge can hear you. See Legifrance, Article R*190-1 of the Tax Procedures Book. This complaint can be filed entirely from Britain through the secure messaging service (messagerie sécurisée) of your personal account on impots.gouv.fr, in English if necessary, though a French text with the exact legal references carries more weight. Attach everything: the lease showing furnished or unfurnished status, the rent statements, the invoices for deductible charges, the British tax notice proving worldwide income for the average rate, and the S1 or A1 certificate for any social-levy relief.

The complaint must state precisely what you ask for and on which legal basis. A vague message saying the bill is too high achieves nothing. A successful complaint identifies each error line by line: the wrong letting category, the missing average rate under Article 197 A, the social contribution charged despite an exemption certificate, the deductible charge omitted from the net profit, or the tourist-let threshold misapplied under Article 50-0. The administration’s right to be wrong first is matched by your right to be specific. Article L. 190 of the Tax Procedures Book confirms the scope of this remedy: “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.” Read it on Legifrance, Article L. 190 of the Tax Procedures Book. Time limits are strict and run from the tax notice, so file within weeks of receiving the bill and keep the acknowledgement: a late complaint fails whatever its merits.

If the administration rejects the complaint expressly or stays silent for six months, which counts as an implied rejection, you can take the dispute to the administrative court (tribunal administratif) of the place of taxation. For British non-residents this is usually the administrative court of Montreuil for files handled by the Non-Residents Department. The court application must be lodged within two months of the rejection, it can be filed by a French lawyer or by an accredited representative on your behalf, and most cases of this type are decided on the papers without requiring you to travel to France. Ask the court for discharge (décharge) of the wrongly assessed tax, for the application of the average rate with recalculation on worldwide income, and for repayment of any social levies charged contrary to your exemption, with late-payment interest. At the same time, if recovery is threatened while the dispute runs, request a stay of payment (sursis de paiement) in the complaint: once requested with adequate guarantees, enforced recovery is suspended until the dispute is decided, which protects your French bank balance from seizure while the case proceeds.

A final practical checklist keeps every British landlord safe year after year. Keep the lease, the inventory of furniture, the declaration number for any tourist letting, and the change-of-use authorisation together. Keep every invoice for charges, insurance, management fees and loan interest. Keep the British tax notice and the social security certificate. File the French return every spring even when the rent is small, tick the non-resident boxes, claim the average rate expressly with worldwide income figures, and read the assessment the day it arrives. Most wrong bills are corrected at the complaint stage when the file is complete; the files that lose are usually the ones with missing leases, missing certificates, or complaints filed after the deadline.

Conclusion

Your French rental tax bill is not a single tax but a stack of three decisions: France taxes the rent first because the building stands in France, it applies a 20 or 30 per cent minimum rate unless you claim the lower average rate on worldwide income, and it adds social levies whose exemptions depend on your certificate. On top of that stack sits the classification of your letting, unfurnished or furnished, long-term or touristic, which decides your allowances, your deductions and your city permits. Each layer has its own statute, its own proof, and its own remedy, and the complaint procedure lets you correct every layer from Britain when you act quickly and precisely. Check the category, claim the average rate, verify each social-levy line against your certificate, and challenge line by line with documents. A French tax bill is never the last word while the complaint period is open.

Need a quick opinion on your case?

If you have received a French rental tax assessment, a request for social charges, or a refusal of the average rate, our office can review your notice, your lease and your British documents, and prepare the formal complaint to the French tax office. Telephone consultation: 80 EUR TTC. Call +33 6 46 60 58 22 within 48 hours for an appointment with a lawyer of the firm, or write through our contact page. We act for British owners across Paris and the Ile-de-France, and for non-resident landlords throughout France.

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

What our clients say

4,9255 Google reviews
Share your review
kader ladjouzi
2 days ago

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

Translated from French

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

Translated from French

Paul MALIK (powlo)
3 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.

Translated from French

Reply from the firm

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

Rayan Kallout
4 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!

Translated from French

Reply from the firm

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.

Naji Jouahri
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.

Translated from French

Reply from the firm

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.

Halim Tunde
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.

Translated from French

Reply from the firm

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!

Translated from French

Reply from the firm

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

Asmaa Maazaz
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

Translated from French

Reply from the firm

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.