France tax treaty Spain : your property in France

In both countries. France taxes first (article 6). Spain also taxes these rents and deducts the French tax, up to the amount of its own tax on this income (article 24 § 2 a).

Yes. Spain imputes a notional income of 1.1% on 50% of the purchase price in 2026, i.e. 0.55% (article 85 of the IRPF law). The property also falls within the modelo 720 above €50,000.

Spain taxes the whole gain, at a rate of 19% to 30%. Its rules recognise neither the exemption after 22 years nor the €150,000 exemption. Since you have no French tax to deduct, you pay the whole of the Spanish tax. Calculate both before choosing the date of sale.

This is not confirmed. The treaty does not name them and no official Spanish position has been found. Do not include them in your calculations without the advice of your Spanish adviser.

Yes, if your property abroad exceeds €50,000, between 1 January and 31 March of the following year. You only file again if its value increases by more than €20,000 or if you sell.

Yes. The IFI is due above €1.3M of net property wealth in France. Spain taxes your worldwide wealth under the rules of your region, and deducts the French tax on the same property, up to the amount of its own tax.

Be careful. The SCI does not remove Spanish tax: the Spanish authorities accept transparency under conditions and apply the notional income to empty properties. It deprives you of the €150,000 exemption on resale and complicates the modelo 720. Compare with a direct purchase, with advice in each country.

No. You live in the EU.

Not on your French property: the 1963 treaty reserves it to France (article 30), even if your children live in Spain. Your accounts and investments fall to Spain if you are resident there at death (article 34).

No. The 1963 treaty does not cover gifts. France taxes the property. If your children are resident in Spain, they are taxed there too, with a deduction for the French tax. You may also owe IRPF on the capital gain. Have the transaction costed before you sign.

impots.gouv.fr publishes none as at 5 November 2026. The 1995 treaty, amended by the multilateral convention, and the 1963 treaty for inheritances remain applicable.