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

What the tax treaty says

Treaty of 10 October 1995. The protocol states that article 6 covers furnished lettings. Property gains and wealth taxable in France.

How double taxation is avoided

Tax credit (art. 24), for income tax and wealth tax.

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.

Spain-specific taxes

• Modelo 720: declaration of foreign assets above €50,000 per category, January to March.
• Imputed income for periods when the property is neither let nor a main residence.
• Wealth tax depending on the region, and solidarity tax above €3 million.

Declaring your Nice flat at home (Spain)

• Rent is reported in the IRPF return (“modelo 100”) as “rendimientos del capital inmobiliario”, giving the property the location “clave 5 — inmueble situado en el extranjero”. French tax is credited through the “deducción por doble imposición internacional”.
• The property itself is reported on “modelo 720” between 1 January and 31 March of the following year, unless its value does not exceed €50,000.
• For 2025 income, the IRPF return is filed from 8 April to 30 June 2026 (25 June if the amount due is paid by direct debit).
• Watch point: the deduction only applies to tax actually paid in France. Keep each year’s French tax notice and 2042-C-PRO return to support it.

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?

The Spanish tax directorate treats an income-tax SCI as a pass-through entity: rent is attributed to partners even without distribution (ruling V0417-23).

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 simplest; mind the Spanish reporting duties from the purchase.

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 Spain 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.