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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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We sold our French property in December and were asked by the

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We sold our French property in December and were asked by the notaires assistant to get proof that the money we had spent on an extension we had built we had actually paid through English and French bank account. She told us that if we found the proof we would save ourselves 20.000 euros of capital gains tax. We did all this and found the proof and sent it to her. However when we received the money for our house it was minus over 20,000 euros of capital gains tax. Can we still apply for this after receiving what they believe is a final settlement of the monies?
Actually, all will depend on the nature of the proof you provided. To be admissible and deductible from the CGT tax base, one would need to have 1) detailed invoices relating to the extension written out as per Treasury instructions 2) proof of payment of said invoices through your UK or French bank accounts.

Then to assess whether the CGT you paid was correct one would need to know: when you purchased the property, and the price you paid; selling price; amount of admissible invoices relating to the extension.
Customer: replied 4 years ago.

We have done all that provided all the invoices and proof of payment through bank accounts. What should we do next? Should we take all this information to another notaire and ask them to apply for this for us or should we ask our present notaire to apply?

Does this mean we can still apply for the CGT in retrospect?

Customer: replied 4 years ago.
Relist: Incomplete answer.
We have done all the paper work as aksed for and I need to find out whether we should ask our original notaire to apply for this CGT or whether we are better off taking it to a new lawyer.
You should firstly obtain from your notaire clear explanations as to why it was not done, or could not be done. If you are dissatisfied with his answers, you can take the matter to the chamber départementale des notaire's disciplinary chamber.

Or ask another notaire to review the case, but he will have to cooperate with the first one.

But one cannot really guide you without knowledge of what you describe as your notaire's indecipherable documents and a copy of the detailed account of the transaction.
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