Dear Readers,
First and foremost, a very happy new year to all.
In this first newsletter of 2008, our main subject is the
SCI - Société Civile Immobilière - a flexible means of sharing and
transfering ownership
of property between family members or more broadly beyond the family
circle.
JPF is present in January's edition of French Property News with an
article on newly renovated properties in the Languedoc. The article can
also be consulted on the JPF website by clicking here.
Top properties include a village house with sun terrace, a restoration
project and two villas with swimming pools.
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Themes of the Fortnight: the SCI (Société Civile Immobilière)
The SCI (which translates roughly to 'civil property company') has
become a popular means in France to share ownership of property within
or beyond a family circle or in professional environments. There are of
the order of 700,000 set up in France and in Paris alone, 28% of all
apartments are owned by SCIs.
The objective behind forming an SCI is that of acquisition,
construction or management of one or several properties in order to
rent or put them at the disposal freely of one of the partners or to
rent to a third party. In practise, the SCI is often considered an
ideal solution by unmarried couples and / or parents for the donation
of assets, as savings can be made in inheritence tax.
The SCI is very different from normal property ownership in that it
consists in forming a business for the management of property. This
implies a certain level of complexity, even if the overall aims are
very simple, and that a strict set of rules need to be respected. The
notary, accountant and financial advisor are fundamental sources of
advice.
The SCI can be formed on the basis that the asset has been already
acquired by one or several of the future partners, or that finance is
available in existing assets or by way of a loan. On creating the SCI,
the partners obtain 'shares' proportional to their participation. An
SCI can sell a property but not in order to acquire another as its
statute is not commercial - as such neither is it able to rent out the
property furnished.
Main reasons for creating an SCI:
1. The SCI is often used to avoid the restrictions of the traditional
routes of sharing ownership under the French rule of 'indivision'.
In particular, ownership of property by two people in this way can
cause problems during separation on death or divorce. In the latter
case, either party can make a court request that the property be sold,
not the case when using an SCI, as each partner instead holds 'shares',
easier to handle and transact. In addition, in indivision, if one of
the parties dies, the surviving spouse can be evicted by the inheritors
of the deceased - again not the case with an SCI.
2. Donating - the SCI can be useful in handing ownership from parents
to children or simply associating children in the purchase of property.
The donation of property can be progressive and any cost of inheritance
be spread over time. It is less costly donating shares in an SCI than
by using traditional methods. In particular, any debts or loans owed
are deducted from the value of the property donated. For this reason,
it can be particularly beneficial to take out a loan for the purchase
of a property to be donated. Every ten years, parents can donate 92,000
€ to each of their child, without being subject to inheritance tax.
Also the donor is able, with very little capital within the company, to
keep overall control over how the property is managed.
3. Mortgages are granted to SCIs at lower interest rates usually
reserved for companies. In addition, levels of indebtedness of
individual partners are not considered by the lending organisations.
Further, the more the partners the greater the capital will be made
available.
Conclusion
The SCI is applicable to certain situations and can be very beneficial,
but it comes with various formalities - a bank account, certified
accounting and the publishing of annual results. It is thus essential
to enter such a project with a clear idea of the steps along the way
and projected final outcome. Advice can be sought from financial
specialists and accountants, however a notary will provide initial
information and pointers.
OTHER NEWS:
Art exhibition in Lunel
Two different cultures currently share the gallery space at Espace
Louis-Feuillade/Abric in Lunel till January 27th this year.
Marie-Claire
Esposito, from southern France is a painter and sculptor besides
running art
therapy workshops. She exhibits her sculpture from bronze, ceramic and
stone.
Alexandre Antadze, a painter, is originally from Tbilissi in Georgia,
but has
worked in Moscow.
The exhibition runs to January 27th 2008.
Espace Louis-Feuillade/Abric,
48 boulevard Lafayette, Lunel
- tel.: 0467878419
An end to smoking in public places
The curtain has finally
fallen on smoking in public places across France. In the final phase of
wide sweeping legislation - for which the previous major step came in
2006 - smoking in
restaurants, bars, discos, casinos and other closed public places is
now forbidden. Minor exceptions are made where adequate facilities are
installed and of course in
establishments with open air seating. Police
and healthy and safety inspectors will be fining owners and patrons who
- in keeping with the French habit to resist change - disobey. Cafe 203
in Lyon received the first fine last Friday.
Top Properties:
near Anduze (Gard)
Very appealing and characterful village house with sun terrace in a
small village near Anduze. A forty minute drive from Montpellier and
Nimes, this three bedroom house offers a habitable area of 103m² over
the two upper floors. ...
Further details can be found here.
Property ref. 557. Asking price: 233,000€
St. Privat des Vieux (Gard)
Recently built villa benefiting from reduced rate notary fees. The
property offers an interior surface area of 137m² and stands in grounds
of 1180m² with a swimming pool. On the ground floor are a living and
dining room (43m²), fitted kitchen, two bedrooms and a shower room.
... Further details can be
found here.
Property ref. 556. Asking price: 349,800€
Ledignan (Gard)
Spacious detached stone comprising eight main rooms over two floors and
a large attic, and offering a exploitable surface area of 300m².
Requiring a full renovation, it represents an ideal project in order to
start from scratch with what is a characterful dwelling. The property stands in a quarter acre of grounds,
though a further three quarters of an acre can also be purchased. There
is a garage and small workshop. Given its setting on high ground within the hamlet, it has extensive
views toward the Cevennes.
Property ref. 558. Asking price: 285,000€
Saint Bauzille-de-Montmel (Herault)
Well appointed four bedroom villa with a mature garden in a
desirable setting twenty minutes from central Montpellier. The property
has a surface area of 190m² and stands in 1800m² (a little under a half
acre) of grounds with rich flora (palm, olive and pine trees). The
interior comprises a vast living room (approx. 61m²), a fitted kitchen
(12m²), four bedrooms (29, 12, 12 and 12m²), two bathrooms and
complimentary interior spaces. Terraces ensure the transition from in-
to outdoors where there is a swimming pool, wood chalet and double
garage. The house has a southerly orientation.
Property ref. 559. Asking price: 650,000€

+33 467 297 068
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About James Properties France:
Based in Montpellier in the south of France, bringing to you a
carefully picked selection of properties within a 70 mile radius - with
the occasional more distant exception - that are chosen for their
combinations of attributes, most notably:
- Setting of outstanding natural beauty
- Distinct character or unusual features
- Quality of renovation or authenticity
- Value for money
James Properties France (JPF) serves primarily an English speaking,
though often highly Francophile clientele looking to move or own a
second home in the south of France around such places as Uzes, Nîmes,
Montpellier, Anduze, St. Hippolyte du Fort, the Southern Cevennes,
Gignac and Clermont l'Herault and the Hauts Cantons. The property
selection proposed by JPF is targeted to fit buyers from abroad in
terms of types of location, accessibility, environment / landscapes,
and types and formats of construction. Besides bringing you a wide
array of properties, JPF helps by running specific searches in the Gard
and Hérault.
JPF acts as an intermediary between you and a number of regional estate
agencies, at no extra charge. Selections of properties that meet your
criteria can be established prior to your visits, any linguistic issues
totally alleviated, questions about French procedures and legislation
addressed quickly, and information on prices and property details
addressed plainly by all parties.
JPF also presents a wide selection of off plan properties throughout
France. If you are thinking about a leaseback operation, traditional
buy-to-let or an apartment or villa for personal usage, JPF can help.
Regions where JPF is particularly present include Paris / Ile de
France, Languedoc Roussillon, Provence Alpes Cote d'Azur, Aquitaine and
Brittany. Please browse options on the Off Plan
Property Page.
JPF helps you with your purchase from the beginning to the end of the
process, often communicating with the assigned notary to make sure that
content and conditions of sale are correctly documented, ensuring all
is in order for completion, and keeping you informed of progress.
Insurance and utilities can also be arranged.
Should you wish to have assistance in maintaining or making alterations
to your house, or any formalities associated with property ownership or
financing in France, JPF can give assistance on an hourly basis.
Finally, if you are looking to sell your property in the south of
France, JPF can also help.
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