No ceiling price per square metre is fixed

You should take advantage of a tax benefit while there! According to this principle, the reasons abound to focus on overseas investments. Currently, two devices live: Girardin and law Scellier overseas. The first is doomed to disappear permanently end of 2012, the second is called to replace through 2017. For public authorities, it is, of course, to promote the construction of new housing and to revitalize local economies even more troubled that it has was strained by social and the winter of 2009 by the financial and economic crisis conflicts world. For a taxpayer in metropolitan France, invest in the tropics meets two objectives: reduce its tax burden, but also get a roof at lesser costs for retirement.

New constraints for a principal residence

Promulgated on 27 May 2009 (No. 2009-594), the law for the economic development of the overseas, so-called "law Lodeom", significantly changed the tax system of the Girardin act in force since 2003, after replacing Pons and Paul laws. If it does not put in issue the purchase in residence, it pre-paid it significantly more draconian conditions. Must be the primo-visiting and meet the criteria of the loan at zero rate. Which implies respect for limits of income (31.588 euros for a couple). For what, the tax reduction remains attached to 25 of the price of acquisition, over ten years, at 2.5 per year. But, novelty, it applies only in the limit of a dual ceiling, one of area, the other awards. Habitable taken into account for the reduction depends on the composition of the family, and it is located between 65 and 150 m2.

Choose the rental free or the intermediary

If the installation in the tropics provides a significant tax saving, rental property investment in the DOM (Overseas Department) or COM (overseas community) is much more attractive. In addition, the required rental period is very limited in time (five or six years according to the chosen option). Rental Investment Act Girardin is available, in fact, in two versions: free rental, i.e. According to market rent, or lease in intermediate sector, i.e. capped price. The choice depends on the tax saving one wants to achieve.

In any event, it is now time to act! Until the end of this year the investor who opts for free rent rental benefits from a reduction of 40 of the price of housing tax (as previously). But starting next year, the benefit will be reduced to 30 of the cost of the investment. In return, the housing must be rented nu for five years at least to a tenant who is his principal residence. No duty is imposed, both in terms of rent as income of the tenants.

In midstream, the ceiling of rent which previously existed is maintained. For 2010, it may not exceed 152 EUR/m2/year off loads (i.e. 12,66 EUR/m2/month) in the departments of overseas, as in Saint-Martin, Saint Barthelemy, and Mayotte. Elsewhere, the rent is set at 192 EUR/m2par year (New Caledonia, French Polynesia, St. Pierre and Miquelon,...). Annual resources of the lessee are also limited to 29.018 euros in 2010 to a single, 53.671 euros for a couple, or 59.880 euros for a family of four people living in the DOM. The duration of rental, it is given to six years instead of five in the free area. These constraints provide a more attractive tax reduction, knowing that the Act Lodeom also program its gradual reduction in return. As in the old device, it remains set at 50 of the amount of the investment for any housing acquired in 2010. But beyond that, the reduction is reduced 45 for property purchased in 2011 and 35 for those acquired in 2012.

Then, the Girardin Act will disappear for the benefit of the law Scellier overseas. For the time being, the housing is subject to no limits in terms of area. It is even possible for the calculation of the reduction, including the floors (or covered terrace) in the limit however 14 M2. The price ceiling of 2.437 euros/m2s' also applies. Note that there are opportunities to increase the reduction (10 additional housing located in sensitive urban areas) and 4 in the presence of equipment for the production of energy using a renewable energy source. These increases are cumulative, in the end, the investor can earn up to 54 of tax free sector and 64 in midstream. But, for the same taxation year, the total amount of the tax reductions obtained in respect of overseas investments is limited to 40,000 euros per year. The starting point of the reduction shall be fixed at the date of completion of the housing (or purchase if the property is already built). The duration of rental, it runs from the first layout location which should be in the six months of the completion or the purchase of housing. If a departure of a tenant, the emptiness period may not exceed six months.

The tax benefit of overseas reinforced Scellier

If the Lodeom Act scheduled the end of Act Girardin, it is accompanied by a strengthening device Scellier overseas, only one plan to persist after 2012, but already operational and which also seems to wake up transactions in the nine. As the tax reduction is particularly attractive. The Scellier overseas is available in two versions: the classic overseas Scellier and the intermediate overseas Scellier is more social. In the first case, the tax reduction is 40 of the amount of the investment for the years 2010 and 2011 (25 in France this year and 20 in 2011). In 2012 and 2013, the reduction will be however reduced to 35, over nine years. No ceiling price per square metre is fixed. On the other hand, the reduction is limited to 300,000 euros for the amount of the investment. It can therefore reach 120,000 euros on nine years, 13.333 euros per year.

In overseas intermediate Scellier, the tax benefit is the same on nine years but past this required rental period, it is possible, for continuation of the lease under the conditions provided by law, to benefit from a further reduction of 2 per year for six years in total. For example, for an investment in 2010, the reduction can reach 52 in total, 156.000 EUR for a housing of 300,000 euros. The plan tax added a specific lump sum deduction of 30 on rental income. The two versions of the Scellier overseas are less flexible than Act Girardin.

In overseas classical Scellier, it is not possible to exceed a rent more 12,04 euros/m2par months in the DOM and EUR 15,33/m2par month in French Polynesia, New Caledonia, Saint Pierre and Miquelon, îles Wallis and Futuna more... With regard to a more social device, the overseas intermediary Scellier imposes not only rent ceilings respectively brought 9,63 EUR/m2par months and 12.78 euros/m2par months, but also the tenants income ceilings. For example, a couple with a child shall not exceed 41.641 euros of resources in the DOM.