Capital Gains Tax

missychrissy
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We are 3 partners who own shares in a property (SCI) and a business (SARL). We have owned this for 12 years - it is a fishery and we have fishermen for weekly holidays.  The business rents the property from the SCI.  We have now found a buyer for this, and are concerned about the Capital Gains Tax aspects of it.  I have asked my accountant to give me some options and figures, but after 3 weeks, I can never get hold of her and she just does not seem to want to help.  I really need to know what exemptions or reductions we are entitled to.  If I give you a list of what I have found out on the Internet, could you please say yes or no to whether we can use this against our Tax. 

  1. We are Fish Farmers, and as such can we claim tax breaks for farmers.
  2. We are retiring age, and 2 of us are in receipt of a meagre state pension.
  3. When a property has been owned more than 5 years, a default deduction amounting to 15% of the principal price may be applied when actual capital works fall short of this or cannot be justified satisfactorily.  Often works carried out far exceed this 15%.
  4. Gains on shares are exempt if held for 8 years (to qualify, they must be held in a company which carried Commercial/Agricultural status).
  5. We have never had a salary or any money from the business. 
  6. The tax rate may be reduced to 10% if the property qualifies as a business asset (eg it qualifies for furnished holiday lettings).
  7. Can we use the cost of buying a minibus as a debt which was purchased privately, but is included in the sale?
  8. Can you tell me the rate of tax for Capital Gains please.  (I have read that the rate of tax applied to a gain is 16% for eu members plus 12.1% social charges if you are a French resident = 28.1%.  There is an allowance of 10% per full year of ownership beyond the fifth.  There is also a fixed allowance of 1.000 euros per sale per seller). 

Please can you clarify all of these for me as I don’t think some of these are widely known and I do not want to be paying more CGT than I should. 

Answered
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