The Nanterre court ruled that a residential barge moored, but not permanently fixed to the quay, has a movable nature which excludes it from the scope of the tax on real estate wealth.
The Immobilière Fortune Tax (IFI), which replaced the Solidarity Tax on Fortune (ISF) as of January 1, 2018, is based on the net worth of real estate assets taxable.
On June 6, 2018, the owner of a residential barge, moored in Neuilly-sur-Seine, signed his IFI declaration in which he mentioned this property for a value of 886,000 euros, i.e. a net valuation of 620,000 euros after 30% reduction for main residence. On the following September 26, he lodged a contentious claim to obtain relief from the IFI fraction corresponding to the taxation of this residential barge, asserting the movable nature of it.
His request having been rejected by the administration on October 18, 2018, he introduced a new contentious complaint on October 25, 2018, which was the subject of a rejection decision on January 31, 2019. He then brings the dispute to the Judicial Court of Nanterre, which has jurisdiction over disputes relating to registration rights to which the IFI is attached. In judgment 19/02076 of March 11, 2021, the Court grants his request by recalling that the general tax code does not give any definition of the real estate constituting the basis of the tax.
Consequently, these must be assessed in accordance with the provisions of the Civil Code which declares movable by their nature, the bodies being able to be transported from one place to another, such as boats, ferries and ships, without distinction drawn from the motorization of the boat or its destination for residential use.
In the present case, the disputed residential barge was in no way fixed to the quay permanently. In this respect, it presents a movable nature excluding it from the scope of application of the IFI.
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