Leaseback FAQs:


How a Pension Trust works in acquiring a Overseas property from a company director's viewpoint:
  1. What is the advantage of a leaseback?
  2. Is this "gift" from the French government mine to keep?
  3. Why does the French government give back the VAT?
  4. Is a leaseback similar to a timeshare?
  5. Is a leaseback a leasehold property?
  6. Can I buy a leaseback property direct from the developer?
  7. Is there a guarantee of the rental occupancy?
  8. How long has France had this leaseback plan?
  9. Is it a permanent scheme?
  10. How many leaseback properties can I invest in?
  11. Can the leaseback company go out of business or into liquidation?
  12. Do I pay French income tax?
  13. Are there management charges?
  14. Are there any other monthly or annual charges?
  15. Do the management renew the lease automatically?
  16. Is the lease always for 9 years?
  17. Do I have to give notice before the end of the lease?
  18. At the end of the leaseback period can I live in my home permanently?
  19. Do I have to buy the property furnished?
  20. Do I own the furniture at the end of the lease?
  21. Do I have to renew or decorate the property during the lease?
  22. If furnishings have to be replaced before the end of the leaseback who is responsible?
  23. Are leasebacks always new developments?
  24. Are the charges the same if the development is not new?
  25. Is there an advantage in buying a renovation or refurbishment?
  26. How much will I earn on my investment?
  27. Who pays this and when?
  28. How do I calculate the R.O.I.?
  29. What is the best R.O.I?
  30. Can I get a loan to buy a leaseback property?
  31. How much can I borrow?
  32. What are the other fees in a purchase?
  33. Can I borrow from the development company?
  34. How do I get back the VAT on the property?
  35. Do I have to apply to get back the VAT?
  36. When the mortgage is paid, if I renew the lease how much income do I keep?
  37. When the lease is ended, are there any management charges for the property?
  38. Is there a catch?
  39. Can I sell the property before the end of the Leaseback term?
  40. Can I use more than my allocated weeks?
  41. Can I sub let my allocated weeks?

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1. What is the advantage of a leaseback?

The big advantage is that the French government give you back the VAT which is paid on a new development, this is 19.6% of the price. But do your sums correctly, if the selling price is 100,000 euro then the price on which the VAT was calculated is 83,600 euro. You will get back 16,400 euro which is 16.4% of the price you paid. In other words you get back about one sixth of the total VAT inclusive price not one fifth. In some cases the price you are quoted is with the tax already recovered by the contractor.

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2. Is this "gift" from the French government mine to keep?

Yes, but, if you resell your property you may have to repay some of the VAT. This will depend on how long you have owned the property. The amount that may be reclaimed is zero after 20 years and reduces over that time. Any repayment you make is passed on to your purchaser.

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3. Why does the French government give back the VAT?

To encourage investment in these developments which are mostly related to tourism. For the government it is a long term investment and gives employment as well as encouraging visitors to France.

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4. Is a leaseback similar to a timeshare?

No, it is completely different. You own the freehold, it is your property. With a time-share all you get are very specific dates which you can use within certain locations in a fixed number of years. Once this term ends you are left with nothing. With a Leaseback scheme you are the freehold owner and have only entered into a lease for a contracted period, usually 9 years. At the end of this time the property is entirely yours.

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5. Is a leaseback a leasehold property?

No, you are the freeholder. Leasehold properties are very rare in France.

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6. Can I buy a leaseback property direct from the developer?

Yes, but the price you pay will be exactly the same as that from an agent. Importantly however, many of these projects, and certainly most of the successful ones, will be fully sold before building is started and you will miss your chance to invest.

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7. Is there a guarantee of the rental occupancy?

You are guaranteed a fixed income. The occupancy rate of the property is the problem of the managing company. Your income is guaranteed even if the property in empty. Your income is usually index linked to the cost of living. Checklist.

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8. How long has France had this leaseback plan?

More than 20 years.

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9. Is it a permanent scheme?

No. The French Government will close this opportunity when they consider it has met the needs for this type of residence. It is impossible to know when this will end.

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10. How many leaseback properties can I invest in?

As many as you wish to. You do not have to be a French resident, or even live in Europe.

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11. Can the leaseback company go out of business or into liquidation?

Leaseback companies are generally well capitalized companies and no to our knowledge there has notbeen a case of investors losing money because of a liquidation.

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12. Do I pay French income tax?

No, the structure of the leaseback generally is such that profits are reduce by depreciation allowances on the building.

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13. Are there management charges?

All costs of management, maintenance, repairs and services such as electricity and water are paid by the leaseback company.

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14. Are there any other monthly or annual charges?

You Usually pay only the local rates (Taxe Fonciere). There are exceptions for two years for a new building.

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15. Do the management renew the lease automatically?

No, unless you have agreed in the contract to do this.

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16. Is the lease always for 9 years?

No, leaseback companies can ask for any period from nine years, which is the minimum period. Nine years is common, some are 11 and even 15 years.

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17. Do I have to give notice before the end of the lease?

Yes, this is required, the usual period should be 6 months but this will be clearly stated in your contract.

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18. At the end of the leaseback period can I live in my home permanently?

Yes, normally you are free to use your home as you wish, but do make sure.

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19. Do I have to buy the property furnished?

Yes leaseback properties are sold fully furnished and equipped ready for letting.

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20. Do I own the furniture at the end of the lease?

Yes.

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21. Do I have to renew or decorate the property during the lease?

No, at the end of the lease you can do what you wish to the property. During the period of the lease you have no worries or responsibility for the furnishings.

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22. If furnishings have to be replaced before the end of the leaseback who is responsible?

All leaseback companies will want you to be happy so that they can hope to continue business with you. Your property will not be able to be rented if it has deteriorated so they are certain to ensure it is well maintaned. At the end of the leaseback they must leave your property in a reasonable condition which will take into account a reasonable amount of "fair wear and tear" which would be considered normal.

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23. Are leasebacks always new developments?

No, some are renovations or refurbishments

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24. Are the charges the same if the development is not new?

No, the fees for the Notaire will be up to 5% higher. The amount of VAT you can get back is lower, usually 10%

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25. Is there an advantage in buying a renovation or refurbishment?

It depends on the location. If it is in a prime position then the capital gain may well be much better than a new development in a more remote area.

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26. How much will I earn on my investment?

The Return On Investment - R.O.I. - is usually around 5% - some times a little less, it can be more. This is the income from the company. On top of this you have the capital appreciation of the property.

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27. Who pays this and when?

The management company pays this to you, the terms of payment vary from monthly, quarterly to annual payments in areas.

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28. How do I calculate the R.O.I.?

It is on the price you pay - the price after you get back the VAT.

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29. What is the best R.O.I?

You must take into account the capital growth as well as the income. This will depend on the period you keep the property for. At the end of the leaseback period, a property in the sea front is likely to have appreciated more than a more remote development.

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30. Can I get a loan to buy a leaseback property?

Yes, it is the same as any other property, you buy the freehold.

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31. How much can I borrow?

A non resident can usually borrow 80%.

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32. What are the other fees in a purchase?

Notary fees are 2.5% for a new property, up to 7.5% on refurbished.

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33. Can I borrow from the development company?

Not usually. We can suggest sources of loans and finance.

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34. How do I get back the VAT on the property?

This will depend on the leaseback management company. Some will absorb the cost, charge you less and get the refund, others can take up to a year or longer.

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35. Do I have to apply to get back the VAT?

No usually the leaseback company will do this for you.

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36. When the mortgage is paid, if I renew the lease how much income do I keep?

All the rental income is then yours.

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37. When the lease is ended, are there any management charges for the property?
Yes, the same as for any shared facilities and for any other property. These charges are controlled and have to be audited.

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38. When the lease is ended, are there any management charges for the property?

Yes, the same as for any shared facilities and for any other property. These charges are controlled and have to be audited.

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39. Can I sell the property before the end of the Leaseback term?

Yes you can sell your property at any time, you are the freeholder of the property. However you must take into consideration that you would be selling the property with some time remaining on the lease and this will be reflected in the sale price. In addition, and most importantly, a proportion of the VAT you were repaid must be refunded to the Government, 5% of the VAT you received is paid back for each year before 20 years have expired.

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40. Can I use more than my allocated weeks?

Yes but you would pay the company, usually you will get a discounted rate on any weeks you take more than those allocated to you.

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41. Can I sub let my allocated weeks?

This depends on the agreement with the leaseback company. Usually you can but you have to do this privately and you will have to do the advertising yourself. Checklist

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© Solas Financial 2007


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