In most situations, we are dealing with a non-trading property company (SCI) formed between members of the same family. The SCI comes under the regime of partnerships, subject to income tax on its results taxed in the name of the partners (in proportion to their rights in the share capital) and not of the SCI.

Bare rental

The rents are taxed in the income tax category in the hands of the partners according to two methods:

• - Either under the "micro-foncier" regime under three conditions: the partner is also the direct owner of at least one building given in bare rental, none of the buildings held by the SCI is in an investment (except DUFLOT PINEL or SCELLIER), and that the amount of rents received does not exceed 15,000 euros. A flat-rate deduction of 30%, representing all property expenses, reduces the amount of rent. Only 70% of the rent will be taxable. No specific declaration is required.
  
  
• - Or under the actual system: the taxable rents are determined after deduction of the various property charges for their actual amount (management and custody fees, maintenance, repair and improvement expenses, provisions for condominium charges, insurance premiums, local taxes, loan interest). A 2044 declaration must be filed.

Furnished rental

The rents obtained from such an activity are qualified as commercial. The SCI is taxed for all its results to the corporation tax except if the furniture does not belong to one of the partners, if the furnished premises are rented under separate agreements, and if the SCI rents the furnished premises at the same price as the bare premises.
If the SCI rents both bare and furnished premises, what happens? The tax authorities accept that if the amount of revenue from the furnished rental does not exceed the amount of revenue from the bare rental by more than 10%, the SCI does not pay corporate income tax.