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Real Civil society
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 The SCI, the best solution to avoid the joint possession:
During the acquisition of a housing, the husbands or boyfriends have the choice between:
to buy the joint good, in other words in joint possession,
to constitute a SCI, which will become the single owner of the good.
To buy jointly can pose problems at the time of the dissolution of the couple, whether it is due to a separation or a death.
Indeed, in the event of dissension in a situation of separation, the joint possession presents a major disadvantage: each part unilaterally can require of the court the setting on sale housing. In the event of death, other disadvantages arise. The joint possession can prevent one of the survivors (in particular the boyfriend) from remaining in the places.
The constitution of a SCI allows, in the event of rupture or of death, to facilitate the fate of the good. The members of the SCI hold only partnership shares which are easier to divide than a housing. Moreover, only one associate cannot require the dissolution of the SCI.
For a married couple under the mode of the community, the constitution of a SCI intended to acquire the main home is not especially recommended. Because, in the event of rupture, the law envisages obligatorily the attribution of housing to that of the husbands which needs it most
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An advantageous taxation for the death taxes and transparent for the income tax:
Management tools of inheritance:
The SCI can constitute very useful management tools of inheritance. It can make it possible to associate the children and the parents in a real purchase (a second home or a house of family for example). Thereafter, the transmission on behalf of the parents with the children or the grandchildren could be done gradually, with a tax cost spread out better in time.
The law allows, indeed, with each relative to give 46.000€ to each child every 10 years without this sum being taxable. The fact of having constituted a SCI makes it possible to the parents to gradually transmit shares of the latter and thus to transmit free part of their inheritance.
The law allows also the donation of shares of SCI children, with reserve of usufruct. In this case, the gift taxes are calculated only on the value of the naked-property of the shares (less raised, obviously, than that of the freehold). The share of the naked-property in the freehold increases with the age of the usufructuary. The value of this naked-property is fixed by a taxation scale.
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 A heavy operation for private individuals:
The principal disadvantages of the SCI are related to the fact that, like any company, its creation and its management imply a certain number of rules: respect of the procedures of creation and management, legal, countable and tax obligations (annual general meeting, publication of the accounts)
A company which would not respect these obligations could be regarded as fictitious by the tax authorities. The company would be declared null, which would involve the dissolution of the SCI, therefore a transfer of property of the real estate to associated as well as taxation with the latent appreciations.
Obligations falling on the SCI equipped with the tax transparency:
In accordance with the provisions of article 374 of appendix II with the cgi (General Tax Code), the real estate companies of joint ownership equipped with the tax transparency are held to establish, each year, in double specimen, a declaration of their results.
This declaration (printed paper form n° 2071) - which must be addressed to the service of the taxes on which the principal establishment depends before March 1 - must comprise the indication, for the previous year, of the share returning to each associate in the social gross incomes, as well as the share falling on to him:
in the amount of the expenditure of repair and maintenance, expenses of management and remuneration of the guards and caretakers actually supported by the company, in the amount of the impositions which do not fall normally on the occupant, and are perceived, at a rate of the social buildings, with the profit of the local government agencies or certain public corporations and various organizations (real estate tax), in the amount of the interests of the debts contracted for the conservation, acquisition, construction, the repair or the improvement of the social buildings, in the insurance and overheads paid per the company, and, if necessary, in all other not enumerated loads above, but actually supported by the company.
To note: the checking of the declaration to which these companies are thus held is carried out according to the conditions envisaged with the article L. 53 of the book of tax procedures, i.e. the procedure of this checking is followed directly between the administration and the real estate company which will be held to provide all the justifications necessary.
The defect of production of the declaration in question gives place to the application of the tax fine envisaged to article 1725 of the cgi.
Obligations falling to the members of these companies:
The associate is held with no particular obligation when it reserves the pleasure of the buildings represented by his actions or partnership shares.
When these buildings are given in hiring, the associate is held to write and join, each year, with the overall declaration of his incomes, the additional layer being used for the determination of his land net income.
With regard to the perceived receipts and the expenditure discharged via the company, the control of the declaration is carried out by bringing together with the corresponding indications of the declaration completed by the company, under the terms of article 374 of appendix II with the cgi.
The associates do not have the obligation to produce any justification in this respect; and they are only held to justify the expenditure which they supported directly.
It is thus in particular, which, for the interests of debts contracted with personal capacity, they must indicate in their declaration the names, first names and addresses of their creditors, and the amount of the interests poured with each one of them during the year of the assessment.
Other disadvantages of the SCI:
The SCI presents the disadvantage of not allowing eligible acquisitions the Plan of Saving Housing, which can obstruct you in the financing.
We saw in the first part that no minimum capital is required for the constitution of a SCI. It is necessary however to be attentive with its amount if the SCI is made up with an aim of buying a real estate. It is judicious to determine the authorized capital according to the value of although one wishes to acquire, in order to anticipate the future real appreciations in the event of transfer
Lastly, the SCI involves a fundamental risk: the associates are indefinitely responsible for the social debts, proportionally with their contributions. For this reason, they are engaged on their personal inheritance.
The creditors of the company can continue each of associated for the payment with the debts, after having vainly put in residence the company.
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Real Civil society
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