I have received a letter from CGH today saying that as I am not domiciled in France I need to pay vat on all rent received. When I purchased the property I elected to take a discount on the property I elected to have a discount off the purchase price rather than receive annual rent. Having read my documents again, no where does it say this discount represents rent. CGH have sent an invoice for vat on the discount (calculated as an annual amount across the lease term) backdated to 2012.

Has any other owner received something similar? 

 

Comments

30 March 2015

Hi

Yes, I received the same a couple of days ago

I also purchased on the basis of reduction in initial cost/no rent

I suspect it will have been sent to everyone in the same situation

I have also received a demand. I am not quite clear on what basis. The "rentals" taken off the price was a discount to price and in lieu of receiving rentals which CGH receive and therefore they should pay the VAT on those.  Can we then claim this back from the tax authorities?

1 August 2015

Hello everyone - we too received this demand.  We have recently joined the 'owners syndicate' of the Village de Lessy after randomly bumping into the very helpful Belgian man who has set it up.

He has a spreadsheet of all owners he has managed to contact and this gives us all greater 'clout' when discussing anything that affects us all.  He is bi-lingual which is also a great bonus.  I can forward his contact details if anyone wants them and also the emails we have been copied into which have been generated by all the affected non-domiciled owners.  We are all confused and so far i don't think there has been a clear answer from CGH and as far as i'm aware none of the non-domiciled owners have paid the invoice.

Best wishes

 

25 October 2015

We have an apartment in CGH le Cristal de l'Alpe (Alpe d'Huez), and would like to change our accountant. We are currently with In Extenso and want to change to a company that speaks English. Does anyone have any suggestions please?

Thanks

Mandi Plummer

12 November 2015

I have received a further demand frm CGH to pay VAT on rentals going back to 2012 without any satisfactory explanations as to why these amounts should be paid. Has anyone any clarity on this please?

12 November 2015

I have received a further demand frm CGH to pay VAT on rentals going back to 2012 without any satisfactory explanations as to why these amounts should be paid. Has anyone any clarity on this please?

 

I have also received this and got a very detailed explanation which I must confess is totally confusing. I then formally challenged the payment and have been threatened with a breach of lease and been referred to the CGH legal team which I am now concerned about. I am sure there are a number of owners with the same concern. The issue seems to be related to a change in French law in 2012 and CGH have got to now recover VAT from owners in relation to future rental incomes which we chose to take up front as a deduction on purchase rather than as a yearly income. It also seems that our free weeks which are deemed as a 'rental in kind' have a value that is taxable. I asked for further explanation and have lots of quotes in French from the 2012 law in French which unfortunately are PDFs so I cannot cut and paste.  I hope someone else can offer a better explanation of the French VAT laws it's beyond my comprehension. 

 

28 December 2015

Dear Fellow Leaseback UK Owners

Sadly I think that we have been shafted by this retrospective taxation.  Blame Hollande not CGH - this a clever way of the French government reducing their deficit.

From what I understand we are being charged the VAT on our "free weeks" even if we don't use them to compensate the loss of VAT that the French Government would have recieved if there were paying guests.  To be fair to CGH they are applying the 10% VAT on the rental AFTER the 25% percent reduction that we would enjoy if booking as owners.  What is troubling however is that this rental VAT will increase as our apartments attract higher rents over the coming years.

What I find galling is that we are also being charged VAT on the advance rental which we took to be a reduction on purchase price.  Looking at the small print there is an amortisation of rent and interest that works against us and is now attracting a retrospective VAT charge.

It seems strange that CGH are acting as the tax collector for these two tax grabs.  It should be the French tax authorities which would at least allow us some transparency and the opportunity to offset expenses.  I suspect that the expense of fighting this through the legal system would not be worthwhile.  Also I am keen to maintain a good relationship with CGH who do seem to be a very good management company.

 

The bottom line for me with this investment was that I missed out on one ski apartment because I dithered and the development that I finally ended up with in Tignes sold out within a short period of time with mainly French owners.  I sort of feel that it must have been a good deal in the long run if the locals are keen to have a piece of the action.

 

My feeling is that we probably have to grit our teeth and accept this VAT charge but we must be very wary when the lease is up for renewal and make sure that we are well advised at that stage.  This forum will be very useful to share experience.

 

Regards to all

Duncan

 

PS are any of you in the CGH Tignes properties???

9 January 2016

Thanks for your detailed response Duncan. We too have just received the same communication, which is asking for a payment of €4000 to cover tax due since 2012.

I don't think we can argue, unfortunately.

Ps we are in Alpe d'Huez

21 January 2016

Thanks very much Duncan for your explanation. I can just about get my head around the VAT on the weeks that we get each year. What I'm struggling to understand is the VAT on the discount on initial purchase. Is that a one-off or an annual charge? Also I sort of thought that the reduction on purchase price more or less equates to the rent on the ' free' weeks that we get each year-ie are we not attracting VAT twice on the same sum?

I'm not desperately literate in accountancy in English let alone French so if anyone has an English appreciation of the CGH statements I'd be grateful.

 

many thanks.

 

19 April 2016

 

Has anyone got any further with these issues?  

Things are turning a little bit sour in our development (Le Village de Lessy).  It seems on further digging that these taxes (The VAT on our own rental weeks, and the VAT on the initiial 'discount') were indicated in the commercial lease that we signed on purchase.  Therefore, CGH are within their rights to invoice the non-domiciled owners.  Apparently, the French owners are not so up in arms as they are familiar with the concept of the weeks of useage being a taxable benefit and therefore it is only the non-domiciled owners who are arguing against it.  

So our dispute may now shift to MGM - Our point being that we were never told of this tax liability when the apartments were sold to us (and in fact MGM are still not advertising it as an ongoing cost).  Neither was the 30% discount ever explained properly - that in fact, it was not a discount but a loan to be serviced by the rental income we would have received if we hadn't opted for the discount.  We are waiting to hear from a French Lawyer whether he feels we may have a case for MGM to answer.

It would appear that there are lots of non-domiciled owners who have issues surrounding the way this is all unfolding but it is difficult to get a handle on whether anybody has successfully challenged MGM - does anyone have any news on this?

As previously mentioned on the thread, in the main we have been happy with CGH and enjoy our time in our apartment - especially compared with some other tales of woe - and we may have to bite the bullet and pay up as we want to be on good terms when we re-negotiate the lease in a couple of years time.  However, it doesn't sit well that there is a feeling we were somewhat 'miss-sold' as key information was not given to us by MGM.  

 

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