THE STATUTE OF THE COLLECTIVITÉ DE SAINT BARTHÉLEMY
It should be noted that the island of Saint Barthelemy enjoys a special status within the French Republic: an Overseas Collectivity (a C.O.M.).
Within the framework of this statute, the Collectivity has taken possession of autonomy in the following areas:
Taxes, duties and taxes;
State law and property of the Collectivity;
Environment, including the protection of wooded areas (only for Saint Barthélemy);
Access to work for foreigners;
Road traffic and road transport;
Maritime service of territorial interest;
Creation, development and operation of seaports with the exception of the work regime;
In real estate law, taxation in Saint Barthélemy focuses on two main taxes: registration fees and real estate appreciation tax.
Registration fees are payable upon acquisition of the property. All sales of property or real estate rights are subject to the registration fee. Regarding the acquisition of real estate, whether built or not, its amount is 5% of the declared value. All rights and fees (notary, registrations, land registration, etc.) are between 6 and 7% depending on the nature and amount of the transaction (land to be built, villa built).
There are certain separate rates applicable to business transfers, for example, or other specific transactions.
The notary is in charge of calculating and collecting this tax when drafting the authentic purchasing deed.
A appreciation tax on real estate is due on all capital gains realized on the sale of property or real estate rights, whether built or not, located in the Territory of the Collectivity. This tax is common to French law applicable throughout the territory.
Real estate appreciation tax is the difference between the purchase cost of the property (initial purchasing price plus costs and fees and deductible work) and its resale price.
It is possible to exclude the value of the furniture sold with the property from the calculation of the capital gain and the registration rights.
The real estate appreciation tax consists of:
* 35% when the sale takes place before the eighth year of ownership, beyond that, the rate is reduced to 20%. A 10% reduction for each year of detention beyond the eighth is applicable.
* 20% if the property sold has been the principal residence of the transferor for more than 5 years. A reduction of 20% for each year of detention beyond the eighth is applicable.
The main taxes payable in Saint Barthelemy: - City Tax: it is applicable to persons accommodated for payment who stay in the territory of the Collectivity. The rate of the city tax is 5%. It is applicable on the amount of the rental, hotel night, ...
- Annual Fixed Contribution of Companies - CFAE -: any legal person is subject to CFAE regulations. Its amount is payable annually and comprises a fixed part of 400.00 euros plus a variable amount of 50.00 euros per employee.
- Commercial import duty: All goods entering the territory of the island of Saint Barthelemy are subject to payment of a tax equal to 5% of the value of the goods (8% for motor vehicles and 30% for some heavy goods vehicles).