Estimated reading time (in minutes)
The civil real estate company allows the holding of one or more real estate by different people. In which cases is it interesting to create an SCI, and what are the advantages?
What is an SCI used for?
A civil real estate company (SCI) has as its object the acquisition, construction or management of one or more real estate assets, with a view to renting them or making them available to a partner. The SCI is created by a contract between at least two partners, who may be legal or natural persons, adults or minors, individuals or professionals. There is no minimum capital. The purpose of the company must not be commercial: the property cannot be purchased with a view to its resale or its furnished rental. The drafting of the contract is a decisive step for the subsequent operation of the company.
To avoid the disadvantages of joint ownership
Often joint ownership is a source of conflict between the heirs who share the property. The civil real estate company offers more flexibility. Indeed, the unanimity of the partners is not required for the sale of the property or to carry out work. The SCI also makes it possible to select the partners: it is indeed possible to insert an approval clause in the statutes to control the entry of other partners into the share capital. The SCI is also more stable since it can only be dissolved by decision of the partners with the majority of the shares.
To protect your spouse
The constitution of an SCI prevents the spouses from selling the property or assets it holds in the event of a break-up; each remaining owner of his shares after the separation, the property does not have to be sold for the proceeds of the sale to be shared. The spouse is also protected in the event of death. If the deceased and the surviving spouse have set up an SCI, they may have provided in the articles of association for clauses favorable to the surviving spouse, to guarantee him the enjoyment of the family property until his own death, by stipulating that on the death of the one of the partners, the company will continue with the survivor or with the heirs approved by him.
To obtain tax benefits
If the SCI owns real estate that it rents, it may deduct interest and the cost of work from its turnover. Any deficit may be charged to the tax income of the partners, up to a maximum of 10,700 euros. The creation of an SCI is interesting in the event of a donation. Indeed, the SCI is the best tax solution for parents who wish to bequeath their assets to their children while continuing to manage them.
For business real estate
The creation of an SCI is also advantageous for professionals. It allows the manager to protect his assets by preventing his personal creditors from seizing the building in which his business is located. In the event that the company itself is in receivership or compulsory liquidation, the creditors of the company cannot seize the premises of the company either. It is also possible to withdraw the buildings from the company’s assets to reduce the value of the company: a buyer then only acquires the commercial operation.
DAMY Law Firm , Why create an SCI? 2022 Update
