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| Financial & Legal taxes has 3 pages: 1 · 2 · 3taxes | tazdec posted on 27/10/2009 at 13:23
 e-mail tazdec | Just discovered today that taxes are paid on floor space and the rule of 1m 80 height for habitable space no longer applies. Can anyone tell me when this was brought in please? | tazdec replied on 01/11/2009 at 09:49
e-mail tazdec | | Still waiting for someone to reply?????? All my friends only get taxed on habitable floor space..that is more than 1m 80 high so why am I getting taxed on all flor space ? |
| Devonian replied on 01/11/2009 at 14:30
e-mail Devonian | | If you go to www.service-public.fr then you can usually find links to most things appertaining to the law in France that affect private individuals. |
| tazdec replied on 02/11/2009 at 09:30
e-mail tazdec | | Thanks for that but when I type in tax habitation or fonciere it doesnt come up with any results??? |
| brian61 replied on 02/11/2009 at 13:54
e-mail brian61 | I am not an expert on this, but I am fairly sure that that taxes have always been levied against floor space/building footprint.
Over the years different rules and regulations have been applied to rented property & appartments to help define what is liveable. 100? years ago in Paris you could have hired a servants room up 5 flights of stairs that was no bigger than a broom cupboard; with running water and "toilets" in the common court yard. I think it was defined that ceilings must be 2m30, no room less than 8m² etc. The ceiling height was ammended to 1m80 but I think that the floor space still exists.
So the "loi Carrez" is the law stipulating that only rooms with a ceiling height of 1m80 and over can be advertised as liveable space in an appartment.
http://fr.wikipedia.org/wiki/Loi_Carrez
As an example of floor space: imagine that you have a house with a 50m² footprint, consisting of underground cellar + ground floor living space + roof space. As far as the taxes are concerned you have 3*50m² = 150m² floor space.
This is where the "Déclaration H1" becomes very important when you fill it in. You are obviously signing this document and if you knowingly mislead the taxman it is considered fraud. However, it is complicated and there is little help in explaining how to complete it, as long as you can justify things there are ways of "under-valueing" the usage or size of rooms.
eg you have a 20m² living room but it contains the stairwell. It is wrong for you to declare 20m² as you will be taxed at the full rate; it is correct for you to delare 20m²-stairwell as your living room and the stairwell is declared elsewhere.
Why is this necessary. It is because 2 (or more) things will happen with your Déclaration H1; coeficients will be applied to different types of rooms to calculate the final tax; and the quantity of types of rooms will also be used to calculate the tax.
Example 1: Your roof space can either be classed as a "grenier" (loft with no insulation and no permenant access), "combles aménageables" (loft with permenant access which has the potential to be converted into a living space) or "habitable" (whether you use it or not it could be lived in). The coef's for these are 0,2 or 0,6 and 1,0. It is important that this space is correctly declared.
Example 2: Your house contains a main kitchen but you also have have an extra room with a sink in which you use to prepare vegetables etc. If you declare that you have 2 kitchens this could be considered as a luxury, this could move your house up the scale from just being OK to live in up to a luxurious residence; in which case you again pay more taxes. In this case you could be better off declaring this second space as a "cave" where you just happen to prepare vegetables.
So away from the woffle and back to your original question, the 1m80 rule is not really for an individual house. Why should it be? Many new builds have bedrooms in roof spaces and owners are quite happy to push beds under the eves etc. Of course this area with restricted height could could be changed to built in wardrobes; which could reduce the useable floorspace ;-0
Cordialement,
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