The recipes submitted to the microfoncier
the Conditions for the application of the plan microfoncier
The plan microfoncier is reserved for taxpayers who have earned less than 15 000 euros of rent in 2016. It is to declare the gross amount of the rentals bare, without deduction of expenses in box TUTORIAL, part 4, page 3 of the declaration 2042 normal, the tax is then applied a flat-rate deduction of 30 %. This limit of 15 000 euros is assessed annually, including when the tenancy has started in the course of the year. Therefore, there is no pro-rata calculation.
Example : a taxpayer has only one property, available for rent from June 1 300 euros per month, representing revenues in 2016 of € 9 100 (1 300 x 7). He may claim to the plan microfoncier. In contrast, in 2017, with a total rent of 15 600 euros (1 300 x 12), it will be obliged to pass the plan real.
Waiver of microfoncier the benefit of a plan real
When his rent does not exceed € 15,000 in the year, the taxpayer is automatically placed under the regime microfoncier. But automatically does not necessarily mean ! It may therefore prefer the statement of the actual rents. You just need to fill out a declaration 2044 and attach to its general statement of income in 2042. The taxable person can obtain this document at the tax office or download from the Internet. It is then necessary to refer to the net revenue of the land obtained in the 2044 in box BA, part 4, page 3 of the declaration 2042 normal.
the Possibility of return to the microfoncier
The option taken for the plan real, while the taxpayer has less than eur 15 000 of rent applies on a mandatory basis for a period of three years. At the end of this period, he may replace, at any time, under the plan microfoncier. This surrender to the real is not subject to any formality. It will be enough for him not to file form n° 2044 and defer its land revenue on the general declaration n° 2042.
tax Advantage of the plan microfoncier
With the plan microfoncier, the taxpayer enjoys a tax allowance of 30 % is supposed to cover all its expenses. This reduction is advantageous when it exceeds the actual loads. This is why, before accepting this system, the taxpayer has the interest to add up its costs to ensure that they do not exceed 30 % of its rental income. If this is the case, he should prefer the statement to the real on the printed 2044.
Incompatibility with the microfoncier of the only plans amortization
the difference of the regimes of depreciation in previous systems Scellier, Duflot and Pinel leave the taxpayer with the choice of the tax system : microfoncier or real. In addition, its option for the first year does not commit to the nine-year obligatory period of rental to qualify for the tax reduction. It can, if there is interest, back to the real, but for three years.
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rents subject to the regime real
Are to declare
The taxpayer must declare the sums constituting the consideration for the lease : the rent, including those received in advance and arrears, the rights of entry, not-of-door, termination payments paid by the tenant to the outgoing… If its apartments are located in the same building, it is not required of any detail.
If, on the other hand, they are located in various buildings, it is necessary to individualize the recipes by completing line 211, pages 2 and 3 of the printed 2044. This is planned for eight properties located in eight different buildings. If the lessor has more than eight goods, he must complete another printed 2044.
Income received in respect of the leasing of the roof for antennas-relay
It is the income from land as the other. Each co-owner must therefore declare for the amount received, net of expenses, if any, in the declaration 2044, page 2, line 213. If this is his only rental income, he enjoys the microfoncier and may declare the gross amount paid by the trustee by check BE of 2042.
the Reductions applicable to the plan Scellier
There are two deductions possible. First of all, if the property is located in a zone of rural revitalization, the lessor has the right to a deduction, specific equal to 26 % of the rent. Then, if he accepts rent in the middle sector in terms of rent more restrictive for tenants that meet certain conditions of resources, he may be entitled to a deduction of 30 %. These two deductions are not cumulative. To qualify, the rent mentioned in lines 211 and 215 must also be in line 228 of the printed 2044.
Abatement applicable to the plan Borloo ancien
The Borloo in the former allows the deduction of rent, an abatement of 30 %, 60 % or 70 % depending on whether the rent is made in the middle sector, social or social security agreement. To qualify, the lessor must actually respect the ceilings of the rent and resources of the tenants. But it is especially necessary to have signed, prior to the lease, an agreement of at least nine years with the national Agency of habitat (Anah). This determines the amount of the rent, the conditions of its revision, the terms and conditions of occupation of housing and the work to be performed by the lessor. Otherwise, the taxpayer cannot deduct from his rent the actual expenses incurred. If it enters in this framework, the rents already mentioned in lines 211 and 215 must also be in line 228 of the printed 2044.
Abandonment of the rents of joint assets
The taxpayer, taxable at the rate of its share in a joint ownership can avoid the tax by abandoning this part to a co-owner. This principle follows from the case law and the administrative documentation of Bercy. Therefore, it must declare personally the share of land revenue to which he is entitled even if he does not receive it. Moreover, in the case of divorced spouses, the one who gives up his share of the rent to his ex-spouse may not deduct the corresponding amounts as alimony, unless there is a compensatory allowance to be decided by the judge. It should also be noted that the benefit of occupation of the dwelling of the couple against the ex-spouse occupant is a income property for the ex-spouse is the beneficiary (Response Quéré, official journal, national Assembly, 11 march 2014, p. 2331, no. 2806).
legal Interest levied for unpaid rent.
If the taxpayer has applied to the tribunal for the purposes of collecting a debt owed rent on his tenant a defaulter, the judge with his condemnation of the payment of interest, the latter to compensate for the prejudice caused by the delay of payment. They are, therefore, not taxable as income property.
expenses deductible in the plan real
Costs of stewardship and management
The expenses of management and stewardship must be included in the boxes 221 and 222, page 2 of the printed 2044. In the first, mention should be made of the remuneration paid to the professional in charge of the rental of the property, the amounts paid to an agency to find a tenant, fees paid to a firm holding the accounts of the buildings, the costs of compensation of janitors and guards, or even the costs of the proceedings incurred for the recovery of rent arrears.
On the line 222, a lump sum of 20 euros per rented space is permitted. This amount represents the expenses paid by the lessor to ensure the rental property, expenses for announcements, correspondence, travel, telephone, computer equipment, subscriptions to magazines offering advice to donors…
In line 223 of the printed 2044, “insurance premiums”, the law authorizes the lessor to deduct all of the premiums, regardless of the hedged risk : the insurance for unpaid rent, but also all other types of guarantees subscribed for the local. Attention, if for the insurance premium unpaid rent, but the taxpayer has opted for the tax credit of 50 %, it is no longer possible to deduct it.
tax-deductible expenses-line 224 of the printed 2044 are the maintenance, repair and improvement. For the conversion work, it all depends on the nature of those that would have been made. The tax authority has allowed the deduction of the renovation of a retirement home in apartments or a hotel (State Council, November 19, 2013, no. 360146) on the ground that there was no modification of surfaces and structures.
conversely, the work to transform a barn into housing have not been admitted. To avoid any dispute with the tax authorities, it is recommended to attach to his statement a descriptive note of the work undertaken.
deductible Works for a shop rented
For the buildings leased under commercial leases, the landlord can only deduct in line 224 of the printed 2044 the costs of repair and routine maintenance, to the exclusion of all the improvement work.
The modernization of a shop such as a change of staircase falls into the latter category. Two exceptions : asbestos abatement or work to promote the reception of the handicapped people.
Works before re-letting
The cost of the refurbishment work carried out to ensure the rental of a property or renting it at a higher price is tax-deductible. It should register line 224 of the printed 2044.
the Work done before selling a property
The taxpayer can never deduct from rents the expenses billed after the departure of his tenant, unless it is to re-book their space quickly. These works can, however, reduce the value.
For the current loads, lines 221 to 230 of the printed 2044, the taxpayer can only deduct the portion not passed on to the tenant.
Roughly, it is estimated that this share represents, on average, 20 to 30 % of the rent. The exercise is easier for the important work, thanks to the calls of specific funds, some of these non-répercutables on the tenants being deductible in full.
note that the amount of the provisions for work paid to the trustee is deductible, even if the latter has paid only a part of the invoices to artisans in the year. Attention also not to charge twice the fees of a janitor and stewardship of a trustee. In a condominium, they are included in the general expenses. It is not necessary to mention them simultaneously in line 229 and line 221 !
interest (lines 250 and 410 of the printed 2044) are deductible without limit as to amount or duration. The taxpayer should refer to his schedule and add up the monthly repayments paid in 2016 outside the capital repayment.
It can incorporate the costs associated with the purchase of the credit : application fees, mortgage, interest, insurance premiums-death… If he has inherited a rented property, it can also deduct interest on loans taken to pay the fees or the interest charged by the inland revenue in the case of deferred payment or split. In contrast, premiums paid on a life insurance policy contracted to guarantee a loan, in fine, are not deductible.
The imputation of deficit foncier
settlement Rule deficits
If the total of the loads is higher than the rent, then there is a deficit of land. But the rules of deduction vary depending on its origin. The deductible portion on the total income in the annual limit of 10 700 euros must be the result of expenses other than the interest of borrowing.
If the overall income is insufficient to absorb the deficit of land, the excess of the deficit is chargeable on the total income of the six following years. If this deficit is greater than 10 700 euros, the surplus is carried forward to the rental income of the following ten years.
note that contrary to the case law (CAA Versailles, April 12, 2016 no. 14 VEO 3643), Bercy believed that the deficits prior to the sale of a building is no longer chargeable on the land revenues in the future. As for the deficits from loan interest, they charge on the land revenues of the year. In this case, it is necessary to fill the lines 434 to 438, and 450, page 4 of the printed 2044, and defer the remaining amount to be charged on the income of land in box BB of the declaration 2042.
Calculation of the ceiling on deficits deductible comprehensive income
The taxpayer must know two rules. A for a rental during the calendar year, the limit of 10 700 euros is not pro-rated. Two, it does not apply to apartment by apartment. The deficit is attributable to a result of the clearing of all the land revenue and all the expenses of the year, and this, for the entire rental property assets. To get that, you will need to fill in scrupulously the check boxes 430 to 441, page 4 of the printed 2044, by a report of the results on pages 2 and 3 of your declaration 2044. Then you would refer the result in box BB, part 4, page 3, of the 2042 normal.
the End of the lease of a property having generated a deficit
In this case, the taxpayer must fill in box 460 of the printed 2044 only if it has recovered in the year 2015 a well so that he had found the previous year, a deficit decreasing its total income.
indeed, the attribution of the deficit on the comprehensive income is definitely gained if the housing is rented for three more years after the year in respect of which the deduction has been practiced ! If this condition is not met, the income of the three years preceding the year of recovery are re-calculated by the tax authorities, as if there had been no deficit.
For a property held by several owners joint owners in equal shares – a situation not to be confused with the break -in, these last mentioned each a third of the rent and a third of the jobs in their declaration 2044. The undivided co-owners are favoured because they each have the right to post a deficit of 10 700 euros !
Well classified or registered as historical monuments
The purchase of a property listed or registered with the inventory of historical monuments allows to benefit from a deduction without limitation of the deficit land on this building. The property must be rented, and the owner must agree to keep the building for at least fifteen years. All of the encumbrance relating to the property may then be charged on the land revenues, and, in the case of a deficit, without limitation as to amount, on the total income.
In principle, only the work performed on the items listed or classified may participate in the formation of a deficit chargeable on the total income. But if the ranking, although partial, is on the protection of the architectural ensemble, the deficits relating to parties not included in the building can be deducted.
Thus, the maintenance costs of the park area will not be taken into account if the ranking focuses exclusively on the facades and roofs (administrative tribunal of Rouen, 20 march 2014, no. 1200307, 2nd bedroom).
You must complete the declaration 2044 special and fill in the lines 420 to 470 and 720 764 without forgetting to refer to the result obtained in box BA or BB of the declaration 2042.
note that Bercy has indicated that this scheme was applied to the encumbrance of the monuments classified or registered (Bofip of 12 April 2016, BOI-RFPI–SPEC-30-10 no. 5).
Robien and basis of calculation of the depreciation and amortization
For homes purchased in a sponsor, the cost price is the acquisition cost, plus incidental expenses. That is to say, the notary’s fees, commissions owed to the seller, the rights, tax and VAT.
If the taxpayer has to build, it should count the price of the land and the taxes paid, the amount of work, the costs of the architect and the bills of artisan, the purchase price of the materials and expertise mandatory. This price says returns must be line 811 in the last page of the printed 2044 special.
Work in a housing Scellier, Duflot or Pinel
The texts do not bring any precision on the deductibility of small additional work will be undertaken on a new build prior to its rental. However, it nous would seem to be possible to deduct the cost of such work from the income of the land. The taxpayer can mention this work in the 2044 special by attaching a note of explanation.
Deficit land on several properties including a Périssol
In general, the deficit in land resulting from the expenditure out of loan interests, which are supported in 2016 is due on the total income of the taxpayer in the amount of 10 700€. It can be focused to 15 300 euros if a housing receiving the device Périssol still applicable today is the cause of the deficit (this plan was terminated on 31 August 1999, but the depreciation of 80 % of the property is spread over twenty-four years). If, on the other hand, the property that is leased under the Périssol no longer generates a deficit, the limit for posting is 10 700 euros.
Usufructuary and bare owner : how are taxed on your rental income ?
When a dwelling belongs to a usufructuary and a bare owner, it is necessary to distinguish two situations tax.
The house is rented… to the bare-owner
The beneficial owner will declare the rents and deducted all the expenses borne. The shortfall can be attributed to a level of 10 700 euros on its global income. The Administration often verifies that the lease is real property, the rent to a reasonable amount and actually paid. If these criteria are not met, it considers the bare owner as occupying free of charge.
The beneficiary may not be nothing left to deduct from its revenues.
The house is rented… to a third party
Cashing and declaring the income, the beneficiary may deduct from his rent any costs borne.
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including the cost of major repairs, even if they are the responsibility legally to the bare owner. On the other hand, if the bare owner has borne all the expenses, it is permitted to charge on its other income from land. If it does not, then no charging is possible on its global income, with the exception of heavy work on a building dismembered after a donation or succession, and in the limit of € 25 000.