Belgian resident: letting a flat in Nice, tax and structure

What the tax treaty says

The treaty of 10 March 1964 still applies: the one signed on 9 November 2021 has not been ratified (ministerial answer 2025, Senate question 2026). Property income and gains taxable exclusively in France (art. 3).

How double taxation is avoided

Exemption with progression (art. 19 A). Since the 2021 reform, Belgium assigns a cadastral income to foreign property for the rate calculation.

On the French side: what you will pay

• Income tax at the non-resident minimum rate: 20% up to €29,579, 30% above (2025 income), or the average rate on option.
• Social charges: 7.5% (solidarity levy only) if you are covered by this country’s social security.
• Micro-BIC 2026: 30% allowance up to €15,000 (unclassified holiday let), 50% up to €83,600 (classified or mobility lease).
• Capital gains: 19% plus social charges, holding-period allowances. See taxation.
• Receiving rent: a French account is not required, a European (SEPA) account is enough. See receiving rent from abroad.

Belgium-specific taxes

• Furnished-letting trap: the Belgian administration splits rent into 60% property (exempt) and 40% furniture, which it taxes in Belgium. This is disputed and a Brussels court exempted the whole amount, but the risk of double taxation is real.

Declaring your Nice flat at home (Belgium)

• Your Nice rent, exempt under the treaty, must still appear on your personal income tax return so that the administration can take it into account for the rate (progression). The exact box and the “furniture” share of furnished rent should be checked with a Belgian tax adviser.
• The property must be spontaneously declared to the General Administration of Patrimonial Documentation within four months of purchase (description, address, value or purchase price), so that a cadastral income can be assigned.
• A bank account opened in France must be reported once to the National Bank of Belgium’s Central Point of Contact, at the latest when filing the return, and then mentioned in the return every year.
• Filing deadlines are set each year by the FPS Finance and differ between paper and MyMinfin: check them in spring and keep your French tax notice, useful if the “furniture” share is disputed.

Form names and deadlines are those published by the country’s tax authority and change every year: have them confirmed by a tax adviser in your country.

What if you buy through an SCI?

High risk: Belgium recognises the SCI as a legal person (distributions taxed at 30% as dividends), and the “Cayman tax” may lead to look-through taxation. Practitioners disagree on whether it applies to SCIs.

Reminder on the French side: an SCI letting furnished becomes liable to corporate tax above 10% commercial receipts, and a company whose main activity is letting property must compensate from the first flat to get a change of use in Nice.

Which structure, generally?

Personal ownership is the simplest route. The Belgian treatment of furnished letting deserves analysis before buying.

General guidance, to be confirmed with a tax adviser in your country and a French notary before buying.

Change of use, without travelling

No nationality condition: an owner living in Belgium applies like a French resident, usually under a power of attorney. We prepare and file your application for free, then manage the property in English, at 20% excl. VAT (24% incl. VAT) for short stays or 15% excl. VAT (18% incl. VAT) under a mobility lease.