Administrative procedures and services
Other (property taxes, lease right ...)
Registration fees (including property tax)




The summary information contained in this page does not constitute an official interpretation of the tax regulations applicable in Saint Martin.


RIGHTS OF REGISTRATION, LAND ADVERTISING TAX, FREE TRANSFER RIGHTS AND SHARING RIGHTS



In general, The tax rules applicable to Saint-Martin are based on a structure close to the regime of registration fees as provided for by the national tax law.

The legal and regulatory requirements in civil and company law continue to fall exclusively within the competence of the State authorities.

ATTENTION: Temporary exemption or relief from registration fees may apply (See brochure "Recent measures on the taxation of wealth").




SALES OF BUILDINGS AND ASSOCIATED OPERATIONS



The formalities of registration and publicity are demerged.


The rules applicable to transfers for consideration of immovable property or rights Located in Saint-Martin Can be summarized as follows:

- The formality of the registration Shall be made to the tax department of the Saint-Martin community on the basis of an extract of a deed, drawn up in quadruplicate copies, supplemented by a plan for the detailed liquidation of the duties due and, where applicable, the particulars provided for in III of the 150 VG article of the CGISM. The payment of registration fees takes place on this occasion;

- The formality of land advertising Shall be carried out at the Land Registry Office in Basse-Terre (Guadeloupe) in accordance with the usual procedures, it being specified that the two extracts of acts produced on this occasion must imperatively include the receipt of the registration; The real estate security contribution due to the State is paid upon completion of this formality.

The deadline for completion of the registration is one month from the date of the deed.

Basis of Property Tax : Idem national rules.

Rate of registration fees: 8%. The proceeds of this tax are collected exclusively for the benefit of the community of Saint-Martin.

The property security contribution (which applies under the same conditions as at the national level) continues to be collected by the State when completing the formality of land registration. No other tax is levied.

For the record, : This tax has been repealed by the community of Saint-Martin (since 2008).



REGISTRATION FEES OF INTEREST TO CORPORATIONS



Registration fees specially applicable to transactions carried out by companies are governed by the following rules:

o Scope of the obligation to register : Idem national legislation, in particular acts establishing the formation, continuation, transformation or dissolution of a company (civil or commercial), increase, amortization or reduction of its capital (CGISM, article 635-1 -5 °).

o Time limit : One month from the date of the act.

o formalities : The merged formality is not applicable to Saint-Martin. Where the acts concern immovable property, the formality of registration must be effected locally and before the formalities for the publication of land.

o Territorial scope : Rules different from the national rules (CGISM, articles 650 to 653).

Notaries whose residence is located in Saint-Martin register their acts in the service of the taxes of the community of Saint-Martin.
For other acts, that is to say, private acts, authentic instruments passed by notaries whose residence is outside Saint-Martin and authentic documents passed abroad, Place in the tax department of the community of Saint-Martin in the following cases:
(A) they transfer the ownership, usufruct or enjoyment of business or customer base situated in Saint-Martin;
(B) assign a right to a lease or a promise of lease in respect of all or part of an immovable situated in Saint-Martin;
(C) they determine the formation, continuation, transformation or dissolution of a company or an economic interest grouping whose registered office or the place of effective management is located in Saint-Martin or the increase, Depreciation or reduction of capital.


Precision : the tax Convention Signed between the State and the community does not cover registration fees.

o Key rates :

The sheet available below for download summarizes the main applicable tariffs.



ASSIGNMENT OF SOCIAL RIGHTS (CGISM, article 726 et seq.)



Registration fees specially applicable to the sale of company rights are governed by the following rules:

o Scope of the obligation to register: National law (CGISM, articles 635-2-7 ° and 7 ° bis).

o Time limit : One month from the date of the act.

o Formality : "Autonomous" formality of registration.

o Territorial scope : Rules different from the national rules (CGISM, articles 650 to 653).

Notaries whose residence is located in Saint-Martin register their acts in the service of the taxes of the community of Saint-Martin.
For other acts, that is to say, private acts, authentic instruments passed by notaries whose residence is outside Saint-Martin and authentic documents passed abroad, Place in the tax department of the community of Saint-Martin in the following cases:
(A) They shall recognize the transfer of shares, founders' shares, profit-sharing shares or shares in companies whose capital is not divided into shares, where such shares are issued by a legal person having its registered office at Saint-Martin Or its place of effective management;
(B) They shall recognize the transfer of interests in legal entities predominantly immovable within the meaning of the third subparagraph of 2 of I of Article 726 of the CGISM.


Precision : The tax treaty signed between the State and the community does not cover registration fees.

o Rate: Cf. Sheet available below for download.



RIGHTS OF SUCCESSION (CGISM, article 750 ter et seq.)



Essentially, the rules governing inheritance and gift taxes are very similar to the rules that were in force at the national level on 1XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

o territoriality : "Symmetrical" rules to national provisions (CGISM, art.750 ter). If the deceased was domiciled in Saint-Martin, all his movable and immovable property may be taxed in Saint-Martin, irrespective of the nature and situation of the deceased, regardless of the domicile of the beneficiary. Double taxation is avoided by the charging of duties paid abroad (or to the benefit of the State) on account of furniture and immovables located outside Saint-Martin.

In the event that the deceased was domiciled outside Saint-Martin, the territorial scope of the inheritance tax depends on the beneficiary's tax domicile:

- movable and immovable property situated in Saint-Martin or outside Saint-Martin are taxable if the beneficiary is domiciled in Saint-Martin on the day of transmission and has been domiciled for at least six years during the last ten years;

- only movable and immovable property situated in Saint-Martin are taxable when the beneficiary is domiciled outside Saint-Martin (or if he does not fulfill the previous term requirement).

o Rights base: Inheritance taxes are based on an estimated declaration of the taxpayers. Generally, assets transferred are valued at their actual market value at the date of death. The administration has the power to correct the value if it is insufficient. Under certain conditions, 20% is deducted from the real market value of the immovable constituting the principal residence of the deceased (CGISM, article 764 bis) on the day of death.

In the event of a dismemberment of ownership, the taxable value of the life annuity and the bare ownership is set at a flat rate for a fraction of the value of the entire property, according to a scale taking into account the age of the usufructuary CGISM, Article 669, identical rules to the national scale).

The debts owed to the deceased, existing at the date of death, are deductible from the estate assets (CGISM, art 768 to 774).

o exemptions : Saint-Martin's tax regulations provide for a number of exemption cases. In particular, they are exempt from transfer duties by death The surviving spouse And the partner linked to the deceased by a civil solidarity pact (CGISM, article 796-0 bis). Under certain conditions, three-quarters of their value shall also be exempt from transfer duties free of charge. Shares or shares of companies Collective investment agreement (CGISM, art. 787B), or, to the same extent, the assets allocated to the operation of a individual business (CGISM, 787 C).

o Calculation of duties: Inheritance taxes are calculated on the net share of each heir or legatee

The rates are set out in 777 and subsequent articles of the CGISM, to which the reader is invited to refer as necessary.

(B) Allowances (at the 1er January 2016)

- Direct line allowance (CGISM, 779-I): 161 564 €

- Abatement for disabled persons (CGISM, article 779-II): 161 564 €

- Abatement between brothers and sisters (CGISM, article 779-IV): 16 155 €

- Abatement in favor of nephews and nieces (CGISM, article 779-V): 8 079 €

- Abatement in case of donation between spouses or partners of a PACS (CGISM, art 790 E and 790 F): 81 859 €

- Abatement in case of donation to grandchildren (CGISM, article 790 B): 32 313 €

- Abatement in case of donation to great-grandchildren (CGISM, article 790 D): 5 384 €

- Abatement applicable in the absence of other abatement (CGISM, Article 788-IV): 1 617 €

o Tax return on previous donations : Period of 6 years (CGISM, article 784)

o Declaration and payment : The time limits stipulated by the Saint-Martin legislation for the registration of the declarations that the heirs, donees or legatees have to subscribe are:

- Of twelve months From the date of death when the person whose estate is being taken has died in the community of Saint Martin,

- Of Eighteen months In all other cases (CGISM, article 641).

The declaration must be filed with the Saint-Martin tax department accompanied by the payment of the sums due (split or deferred payment possible under the same conditions as those in force in France on 15 July 2007).



RIGHTS OF DONATION (CGISM, art 750 ter et seq.)



o Prince : The donations obey a regime close to that of mutations by death. Most of the exemptions provided for inheritance tax apply to donation rights, with the exception of exemptions from rights for the surviving spouse or partner, or the brothers and sisters of the deceased.

o exemptions : Exemptions specific to donations are provided, in particular for family cash donations (CGISM, article 790 G).

o Plate : Some of the provisions on inheritance tax are not applicable (20% abatement for the assessment of the principal residence, 5% furniture flat rate for the evaluation of the furnishings).

o Calculation of duties : Donations benefit, as in matters of succession, from abatements (CGISM, art.779). Direct, collateral and non-parental donations are subject to the same tariff as estates (CGISM, 777). Inheritance tax reductions (CGISM, 780 and 781) and a reduction in age-related donor rights (CGISM, 790) may apply.

o Property tax : In the case of immovable property, donations shall also be subject to the payment of a supplementary registration fee at a rate fixed at 1% (CGISM Article 791) .This additional registration fee must be paid When completing the formality of registration with the tax department of the community of Saint-Martin.

The form of land advertising, which is then carried out with the publicity service of Basse-Terre (Guadeloupe), does not give rise to any perception for the benefit of the community of Saint-Martin.



SHARES, LICITATIONS AND ASSIGNMENTS OF SUCCESSIFIED RIGHTS (CGISM, 746 and the following)



o Prince : With the exception of the rate which is 1,20%, the rules applicable to Saint-Martin are very close to those laid down at national level.





Useful contacts
Registration fees - Main rates at 01 01 2016


Real estate gains (individuals & companies)




PERSONAL REAL ESTATE OF THE INDIVIDUALS AND ASSIMILATED COLLECTION (CGISM, article 150 U and following and article 244 bis A)



The information contained on this page does not constitute an official interpretation of the tax regulations applicable in Saint Martin.


General economy



Generally speaking, while the rules applicable to Saint-Martin are based on a structure similar to that provided for at national level, there are now different rules of base and rate. The main specificities can be summarized as follows.

o territoriality : Since 2010, the authority has a so-called "source" jurisdiction which allows it to tax the capital gains realized by persons taxed domiciled in a department of metropolis or overseas (or deemed to be Failure to satisfy the "five-year rule" set out in LOQNUMX-6314 of the CGCT) on the sale of a building or immovable rights located in Saint-Martin.

State / collective double taxation is offset by the conventional tax credit (combined application of Articles 13 and 20 of the tax treaty mentioned in the introduction).

o Scope: National legislation

o exemptions : Essentially analogous to those provided for at national level, except, however, (and in particular) exemption on condition of reimbursement

o Determination of gross capital gains: The gross gain or loss realized on the transfer of property or rights mentioned in 150U to 150UC of the CGISM is equal to the difference between the sale price and the acquisition price by the transferor.

Expenditure on construction, reconstruction, expansion or improvement incurred by the vendor and realized since the acquisition, if not already taken into account for the determination of income tax and That they do not have the character of rental expenses, increase the purchase price. If the taxpayer is unable to justify this, they may be fixed at the choice of the taxpayer, either expert or at a flat rate of 15% of the purchase price (whatever the date of the transfer ).

o Abatement for length of detention:

See table annexed to the declaration available below for download.

Warning : For land, irrespective of the length of time the property is held, the allowance can not exceed 75%. In other words, the tax can not be less than 5% of the amount of the capital gain (tax rate of 20%).

o Tax rate: 20%

o Social contributions: Idem metropolis

o Reporting Obligations (Sale of an immovable located in Saint-Martin):

Capital gains of Saint-Martin residents

- liquidation of the tax under the Saint-Martin tax regulations from the 2048-IMM_SM form and payment of the tax (excluding social contributions) to the Saint-Martin tax department ( During the formality of the registration) which returns it to the community.

Capital gains of persons having their fiscal domicile in a metropolitan or overseas department (or being deemed to have it)

- liquidation of the tax under the Saint-Martin tax regulations from the 2048-IMM_SM form and payment of the tax (excluding social contributions) to the Saint-Martin tax department ( During the formality of the registration) which returns it to the community.

Capital gains of persons having their fiscal domicile outside Saint-Martin and outside France

- liquidation of the tax from the specific printed form in Saint-Martin "2048-IMM_SM", 20% rate whatever the place of residence and payment of the tax (excluding social contributions) to the tax service of Saint -Martin (during the formality of the recording) which returns it to the community.

Note : Applications for exemption from the designation of a tax representative should be addressed to the Saint-Martin tax department.

o Tax on certain real estate gains: Tax not included in the tax regulations of Saint-Martin.





2048-M_SM - 05 2015 (current version)
Useful contacts
Declaration 2048-IMM_SM - 05 2015 (effective)


Right of lease




Right of lease



The information contained on this page does not constitute an official interpretation of the tax regulations applicable in Saint Martin.


General economy



To summarize, the right of lease applies to persons who own one or more buildings (land, villa, apartment, commercial premises, etc.) located in Saint-Martin and given as a long-term lease.

Subject to certain exemptions intended to avoid cumulation with the visitor's tax and to exclude leases granted for an annual rent of less than or equal to 2 400 €, the lease right is due each year before 31 December N, and Equal to 3% of the rents received during the tax period which runs from 1er October of year N-1 to 30 September of year N.



legal basis



General code of the community of Saint-Martin: article 736



Practical information (contact details of services available below)



Tax regulation - scope, interpretation:

Saint-Martin Community, Taxation Department

Fiscal situation of the debtor, reporting obligations, control ...:

Saint-Martin Tax Service

Place of filing of the annual declaration, payment of the lease right:

Treasury of Saint-Martin



Plate



The basis of the lease right is equal to the amount of rents collected during the tax period. More specifically, it corresponds to:

▪ at the price plus property charges:

O the price includes all that the owner must receive in return for the rental according to the provisions of the lease contract (sum of money, remittance of goods in kind ...)

O Property charges are the payments, supplies or services made by the tenant normally to the landlord and imposed by him to the tenant (property tax, major repairs, etc.)

▪ or to the actual rental value of the leased goods if this value is higher than the price increased by the property charges.

Practical rule : In case of renting a dwelling, the lease right is, in most cases, calculated on the total of the sums paid by the tenant (excluding reimbursement of rental expenses recoverable by the owner).



Rate



The rate of the lease right is set at 3%.



Calendar



The taxpayers, or their representatives, declare annually (N), on this form, the amount of rents collected during the tax period (from 01 / 10 / N-1 to 30 / 09 / N) and liquidate The tax due.

This declaration, accompanied by the payment of the tax due, shall be sent no later than 31 December of year N to the Treasury of Saint-Martin.

The fee must be paid by check or bank transfer.



Last print available


2017


The declaration concerning the right to lease due for the period from 1 October 2016 to 30 September 2017 must be sent, together with the payment of sums due, before 31 December 2017 to the treasury of Saint-Martin.

Declaration of lease