One of the structural questions for any property buyer in France is how to hold the asset. The choice has consequences for taxation, transmission, flexibility in case of co-ownership, and the way the property can be financed. This overview describes the main vehicles in 2026, their general characteristics, and the situations in which they are typically considered. The validation of the appropriate structure for an individual situation rests with a notaire and a tax counsel.
In your personal name
The simplest form of ownership. The buyer holds the property directly in their personal name, alone or with a spouse, partner or co-owner. Rental income (if any) is declared as revenus fonciers (for unfurnished rentals) or as BIC (for furnished rentals, see further below) on the personal tax return.
This structure is typically considered when :
- The buyer intends to occupy the property as a primary or secondary residence
- The ownership structure is straightforward (sole owner or married couple under a standard regime)
- Complex transmission across multiple heirs is not anticipated
- The buyer prefers no ongoing administrative burden (no separate accounting, no annual filings)
The main practical limitation is the lower flexibility on transmission compared to a corporate structure : direct ownership is governed by the rules of French civil succession law (with reserved heirs / quotité disponible) and by any applicable matrimonial regime.
SCI under the IR regime
The Société Civile Immobilière (SCI) is a French civil company designed to hold real estate. Under its default tax regime, the SCI is fiscally transparent : profits and losses are not taxed at the company level, they flow through to the associés (partners) and are taxed on their personal returns in proportion to their shares (Article 8 CGI).
This structure is typically considered when :
- Several owners are involved (spouse, children, partner)
- The intention is to transmit shares progressively over time, often using the €100,000 allowance every 15 years (Article 779-I CGI, subject to validation)
- Flexibility on the governance and transmission of the asset is sought
- The property will be held over a long period and may be sold or refinanced through changes of associés
An SCI must be incorporated and registered with the assistance of a notaire (and / or a juriste). Annual obligations include the holding of a yearly general assembly, the maintenance of accounting records appropriate to the SCI’s activity, and the filing of a yearly tax return (declaration n° 2072). The cost and complexity of running an SCI vary according to the file.
SCI under the IS regime
An SCI may, by option, elect to be taxed under the impôt sur les sociétés (IS), the corporate tax regime (Article 206 CGI). Under this regime, the SCI becomes a tax entity in its own right :
- Net profits are taxed at the corporate rate : 15 % on the first €42,500 (under conditions of size and detention) and 25 % above (Article 219 CGI).
- The building can generally be depreciated, reducing the taxable result during the holding period.
- Distributions of profits to shareholders are taxed separately as dividends.
- Capital gains on sale are taxed at the corporate rate (no benefit from the long-term holding allowances available to individuals).
The election for IS is, in principle, irreversible after a limited revocability window. Its consequences over the entire holding cycle must therefore be examined in advance by a qualified tax counsel.
This regime is typically considered for investment-grade rental properties where current taxation is the primary lever, but its appropriateness depends entirely on the wider patrimonial situation.
SARL de famille
The SARL de famille is a limited liability company that may, by option, elect for fiscal transparency (Article 239 bis AA CGI), under the condition that the partners are all members of the same family circle (parents, children, spouses, brothers and sisters, and their respective spouses). It is sometimes used in the context of furnished rental (LMNP / LMP) where it allows the use of certain depreciations together with the legal structure of a company.
The appropriateness of a SARL de famille depends on the family configuration, the intended use of the property and the long-term plan. It involves additional accounting and corporate obligations compared to an SCI. As with all structures, it requires set-up by a notaire / juriste and ongoing accounting support.
How Omage fits in
As a regulated Conseiller en Investissements Financiers (CIF) and mortgage broker, our role in the structuring conversation is to surface the question of the ownership vehicle at the moment of financing, to summarise the main options as you may encounter them, and to coordinate with the notaire and tax counsel of our network for the technical decision.
We do not incorporate SCIs or SARLs. We do not draft articles of association. We do not provide individual tax advice on the choice of regime. The decision is made by you with the appropriate professionals ; our job is to align the financing with the chosen structure once it is validated.