Question 30612 — housing

Summary

Mr. Mohamed Laqhila draws the attention of the Minister of the Economy and Finance to the inclusion in the amount of the sale price of a property, the transaction of which was carried out by an agency, of the amount of the commission with the clarification “agency fees included” (FAI). This factor has the consequence of increasing the transfer rights for consideration (DMTO) but also the fees due to the notary, which will economically burden negatively impact the budget of a first-time buyer at the risk of making them step back in their investment project, thus putting a part of the economy in decline. In addition, the problem also appears in inheritance matters since, when the resulting property is valued by a real estate agency, it also includes the fees due to it, de facto increasing its value, which in no way corresponds to the market value as specified. Francis Lefebvre in his practical memento. In this case, the Hoguet law n° 70-9 of January 2, 1970 as well as its implementing decree of July 20, 1970 specify in substance that agency fees are free with the sole obligation that they be brought to the attention of the client, and that they can be charged either to the buyer or to the seller. For the latter case no details are provided. From what is specified above, The MP questions the Minister on the question of why include the amount of the agency commission in the amount of the sale price, thus harming buyers and also distorting the market value of the property. This practice, which has the effect of distorting the market price of real estate, derogates from the main principle of French taxation according to which: "there is no tax on a tax already levied", which results in a double or even triple taxation of the same amount. Thus, for the sake of greater tax transparency, it would be important to require this business that their remuneration be excluded from the amount of the sale price and be paid independently of the latter.

Machine translation from French. The official text remains authoritative.

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