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Swiss buyers in Nice: European for the tax, a third country for the paperwork

By Garen Ajderhanyan8 min read

In brief

Switzerland occupies a singular position. On the capital gain from a French property, a seller affiliated to a Swiss compulsory social security scheme has been exempt from CSG and CRDS since 1 January 2019 and pays only a 7.5 % solidarity levy, where a resident of a third country pays 17.2 %. Yet exemption from appointing an accredited tax representative covers only European Union member states, Iceland and Norway: Switzerland, belonging neither to the Union nor to the European Economic Area, is excluded. Liechtenstein, though a member of the European Economic Area, is excluded too, for want of a mutual tax recovery convention. For the rest, the Franco-Swiss convention of 9 September 1966 allocates taxing rights without exempting French property from French tax. Every year, a pied-à-terre in Nice pays property tax and a council tax that Nice increases by 60 % on second homes; the wealth tax on real estate only applies above 1,300,000 € of net real estate held in France.

Buying is straightforward

On the French side, nothing stands in the way of the purchase. A resident of Geneva or Zurich signs the same preliminary contract and the same deed as someone from Nice, within the same timescales, with no prior authorisation and no nationality condition. The reverse does not hold: Switzerland regulates the purchase of a home by a foreigner who does not live there.

A Swiss buyer therefore stands apart less through the purchase than through their particular position within French tax mechanics, halfway between the treatment reserved for Europeans and that of third countries.

The paradox: European for the rate, a third country for the paperwork

The gain made on selling a French property bears 19 % income tax, whatever the seller's residence. The gap lies in the social contributions.

The rule dates from 1 January 2019. Anyone covered by a compulsory social security scheme of a European Economic Area state or of Switzerland, other than the French scheme, pays neither CSG nor CRDS on this gain: only the 7.5 % solidarity levy is due. A resident of a third country pays 17.2 %. On a capital gain of one hundred thousand euros, the difference exceeds nine thousand euros in the Swiss seller's favour.

Everything hangs on the word affiliated. The reduced rate requires attachment to a Swiss social security scheme; residence alone is not enough. A Swiss resident still affiliated elsewhere is not automatically in the same position.

Then comes the paperwork, and it reverses the advantage. A non-resident seller must appoint an accredited tax representative. The exemption covers only sellers resident in a European Union member state, in Iceland or in Norway. Switzerland, a member of neither the Union nor the European Economic Area, remains subject to the requirement.

The case of Liechtenstein shows that this list rests on a principle. It belongs to the European Economic Area and yet must still appoint a representative, for want of a mutual tax recovery convention with France. The test is cooperation on recovery, whatever the geography.

What still releases a Swiss seller from the requirement

Two cases nevertheless free a Swiss seller from that obligation. The first turns on price: a sale of 150,000 € or less is exempt, that threshold being assessed per seller rather than per transaction. A couple selling a studio at 280,000 €, held in equal shares, therefore remains under the threshold, each for their share.

The second concerns the holding period. Income tax disappears entirely after twenty-two years, at a rate of 6 % a year from the sixth to the twenty-first year; social contributions after thirty. A capital gain that has become fully exempt no longer requires a representative.

Outside those two cases, the representative charges a fee and accreditation takes time, which means preparing it well ahead of signature.

The 1966 convention, and what it does not do

The convention between France and Switzerland for the avoidance of double taxation on income and wealth was signed in Paris on 9 September 1966. Authorised by the law of 26 December 1966, it entered into force on 26 July 1967 and has since been amended. Its provisions for eliminating double taxation appear in article 25.

A tax convention is often credited with a power it does not have, that of erasing French tax. It shares the right to tax between the two countries and neutralises what would be paid twice. A building located in France remains taxed in France, on its income as on the gain from its sale.

The detail of these mechanisms depends on your situation and is settled with a tax adviser who knows both systems. The framework itself is old and stable, and it has never replaced the French tax due on a French property.

Every year: local taxes and the wealth tax

Once the property is bought, two local taxes return every year, whether you visit often or not. Property tax first, due from every owner.

Council tax next. Abolished in 2023 for main residences, it remains for a furnished home you keep at your disposal, which is the case of a pied-à-terre. Municipalities in high-demand areas may increase it, and Nice is on the list annexed to the decree of 10 May 2013. Its municipal council voted the ceiling: an increase of 60 % (DGFiP, municipal decisions for 2026).

That leaves the wealth tax on real estate. For a non-resident, it covers only property located in France, and only above 1,300,000 € of net taxable value on 1 January. A holiday flat counts at its full value, since the 30 % allowance is reserved for the main residence. This is the point that most surprises a clientele used to the Swiss wealth tax, whose base and rates bear no comparison.

Proximity changes the use, and therefore the management

A Swiss owner is not a distant owner. Where a North American buyer organises two or three stays a year, someone from Geneva can decide in January to come down for a weekend in February and leave on Sunday evening. The difference looks trivial, yet it shapes the choice of property as well as its management.

It decides the type of property: a pied-a-terre opened often does not carry the constraints of a house closed for nine months. It also decides the relationship to management. An owner who comes often does not necessarily want a full mandate, but almost always wants someone who opens up, checks, lets a tradesman in and reports a water leak before it becomes a claim.

The market serves this intermediate use poorly. It calls for an agency held by the same people year after year rather than a platform.

An office in Nice for a French calendar

None of this is insurmountable. The calendar, however, is hard to keep from Switzerland: the tax representative must be accredited before signing, and the general meeting of an old seafront building is held on a Tuesday in March, while you are in Lausanne.

Since 1999, the firm has played this role at 107 Promenade des Anglais: Promenades Services for properties entrusted to management, Régie Promenade for co-ownerships, a single team in one office.

Frequently asked questions

Does a Swiss buyer need authorisation to purchase in France?
No. On the French side, neither nationality nor residence comes into it, and no prior authorisation is required. The reverse is not true: Switzerland regulates the purchase of a home by a non-resident foreigner.
What social contributions apply to a Swiss seller's capital gain?
The 7.5 % solidarity levy, not 17.2 %. Since 1 January 2019, affiliation to a compulsory social security scheme of Switzerland or of a European Economic Area state, other than the French scheme, exempts from CSG and CRDS. Affiliation is what counts, not residence alone. Income tax remains at 19 %.
Must a Swiss seller appoint an accredited tax representative?
Yes, in principle. The exemption covers only sellers resident in a European Union member state, in Iceland or in Norway. Switzerland belongs to neither the Union nor the European Economic Area and is therefore excluded. Two exemptions remain open: a sale of 150,000 € or less, a threshold assessed per seller, and a gain already exempt through length of ownership.
Why is Liechtenstein not exempt although it is in the European Economic Area?
Because the exemption rests on the existence of a mutual tax recovery convention with France, not on geography. Liechtenstein is not bound to France by such a convention: its residents must still appoint a tax representative.
Does the French wealth tax on real estate apply to a Swiss resident?
Yes, but only on what they own in France, and above 1,300,000 € of net taxable value on 1 January. A holiday flat counts at its full value: the 30 % allowance applies only to the main residence.
Which tax convention binds France and Switzerland?
The one of 9 September 1966, signed in Paris, covering taxes on income and on wealth. Authorised by the law of 26 December 1966, it entered into force on 26 July 1967 and has been amended since. It shares the right to tax between the two countries without ever exempting French property from French tax.

References

The author

Garen Ajderhanyan

Editor of La Gazette de la Promenade

Editor of La Gazette de la Promenade. He writes on Riviera property and the art of living, from Nice.

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