We have just returned from a holiday in our leaseback apartment. The neighbouring apartment is up for sale for about 150K Euros. It is the same size and layout as ours. We paid 110K Euros about 6 years ago. There was a vat reduction of about 21K. If it was to sell at 150, what happens to the VAT discount we benefitted from, do we pay it back out of the sale, or does the buyer benefit from the VAT discount that is left (ie 14/20 * 21K) and that is taken from the 150K?
This is really confusing me - can anyone help?
Thank you
K
i would be interested in hearing from anybody who actually sold a second hand lease back ,
i have 3 and need to sell 2 to keep the banks from closing me down,
i am willing to sell what i actually paid for it,
but i am afraid there is no re sale market what so ever,
any help much appreciated
We are in the final stages of selling our apartment. We are actually selling at a loss on paper but because the exchange rate is much more favourable to us than when we bought it we should still make a profit taking into account the VAT refund.
I see you are based in Ireland so I presume the exchange rate benefit won't apply to you. However, I can tell you that the estate agent we used specialises in leasebacks and leaseback resales.
If you want further details you can contact me at pmlhw@aol.com.
Hi Westside.
I am living in Ireland and I am just after completing the process of selling a leaseback property.The whole process took just over a year, from advertising the property to closing the sale of the property and having the funds in my bank account.
I have been following this forum for a couple of years and have decided to post this information here now to give people some hope.After reading some of the stories here I was really starting to believe there was no market out there for seconhand leaseback property.
Westside, if you want to pm me, I can share some more of my experience with you.
Rasher
Hi Rasher,
I really could benefit from discussing Re sale of French Leasback with you for general advice how can I contact you directly.
Thanks
PUL
to give people some hope i have just signed papers for the sale of my apartment/lease back in the alps,and making a profit if all goes to plan,
give me a pm if you need any info
Well done westside. I hope all goes according to plan.
Rasher.
We are in the process of selling a leaseback in Paris and
are wondering what does the Notaire do with the money
he/she receives from the new purchaser.
The notaire gets the sales proceeds and the first thing
to be done is to pay the amount outstanding on the loan
on the property to the relevant bank.
What happens then? - does he give the balance remaining
to the selling agent (the selling agent then takes their
commission and pays the balance to us) or does the
notaire divide the balance remaining between the selling
agent and ourselves based on the Mandat de Vente.
Any help appreciated.
Hi John,
The notaire pays off the outstanding loan and the selling agent's commission and sends the balance to you.
Regards
Sheridan
Sheridan
Thanks for getting back to me.
In our case we haven't signed a Mandat de Vente so how
will the notaire know how much commission to pay. We had
agreed 10% through e-mails but we never actually signed
anything. I presume the notaire will take 1% for
themselves and also have to pay 5% stamp duty.
We greatly appreciate your help.
Regards
John Mc
I am not an expert but I would assume that the notaire would want to see something in writing about the commission.
Regards
Sheridan
I have sent an e-mail to the notaire to find out exactly
what she does with the sales proceeds. I will post an
update when I receive her reply.
Regarding the rental income, we receive the rent three
months in arrears. If we sign the contract to sell in
December we will still be due rent for Oct/Nov/Dec to be
paid in January. Will we receive this directly from the
management company as usual, or will it go to the
notaire, and from the notaire to us.
Again, thanks for all your comments.
We sold on 31 October having received the rent for June, July & August as usual on 15 October. The management company will pay us the rent we are entitled to for October in January.
However, you might need to clarify this with the notaire. Our deed of sale stated that the buyer and the seller would make their own arrangements with regard to the apportionment which seemed unsatisfactory and vague to me so I got the notaire to obtain assurance from the management company that they would be responsible for paying us.
Regarding the transfer of the lease, we are presuming that
the new owner will continue to lease the property to the
same management company.
Will the selling agent arrange this, and give the
management company adequate notice thereby ensuring that we
don't incur any penalties. Or should we inform the
management company of our intention to sell the property.
Hi , I am just at the stage where I have to sell my leaseback in Languedoc. Can anyone advise where I might advertise this investment. After a very rocky beginning we have just signed with a management company for the next 9 years.
hi marie
the best bet would be the local estate agents,as that is where people will look first if they like the area,
that is how i sold mine in the alps,
you will have to price it very right,maybe enen below what you paid for it if the management co are not in the top list of man co,
beat of luck with it
Thanks so much , I will investigate which estate agents are the best. I think the new management company has a good reputation but we are at very early stages. One of the issues is that we have agreed a stepped rental from the management company, with rent tied to profits. Has anyone come accross this before?
Not all local estate agents area fully familiar with the leaseback system.
We sold ours through an agent who specialises in leasebacks & leaseback resales. See http://www.creation-developpement-patrimoine.com/
I agree with Westside that you may have to sell at a loss but if you bought some years ago you may be able to take advantage of the improved Eur/£ exchange rates.
Good luck
Sheridan
Many thanks for that information. Unfortunatly I live in a Eurozone area
Can anyone help me with the issue of the VAT repayment to the French Government in the case of me selling the leaseback while still involved in the lease? Do you know the situation? Do I have to refund the VAT Pro rata according to the time that I have owned the apartment?
Thanks,
Marie
My understanding is that if you sell a leaseback with the lease ongoing, then there is no TVA to repay because the lease and TVA situation is transferred to the new owner.
It is only when the lease is broken that the TVA would have to be repaid, pro rata for the proportion of the 20 years left beyond the period of ownership.
This is my understanding, but I'm sure someone else may correct me or confirm this
Thanks for that information. I presume that the price I sell at will have to incorporate the fact that TVA may become repayable in the event of a future default. I am concentrating on the sale at the moment so, M
I understand that you are now no longer liable for a pro-rata VAT refund if you sell your leaseback within 20 years. I do believe that this has been changed so you can now sell your leaseback at anytime without having to refund the VAT? The new purchaser however must continue the leaseback arrangement.
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You still need to pay French capital gains tax at 28.1% if you sell in the first 15 years, but with tapered relief at 10% per annum after 6 years of ownership.
Is this correct?
Thanks Josh,
I guess this means, of the 150K, we would pay Capital Gains Tax on the 150-110=40K, ie 28%of 40K.
Or is it 28% of 150-131K. This was the price including TVA at purchase and sale.
It must make sense to someone.
K
Dear Kazz,
Have you visit french-capital-gains-tax.co.uk website regarding all
queries on CGT ? I think that the rate change from January.
Good luck
JC