Is it a good idea to have your main residence in an SCI entity?

The creation of a real estate civil society (SCI) can lose certain advantages.

Owning the main residence through a real estate company (SCI) can cause the owner to lose certain civil and tax advantages which he would benefit from in the case of direct ownership. Thus, the spouse may lose, if he or she is not associated, the benefit of protection of family housing. He/she does not have any title of occupation or right to the lease, so the other can, without the agreement of the spouse, sell the housing or evict the other party. The establishment of an SCI can also deprive the surviving spouse of the benefit of the right of temporary enjoyment of housing (for one year after death) and the right of life for use and ongoing housing, because they are neither the owner nor the tenant in the absence of a lease. We must not forget either that one loses the 20% allowance in matters of inheritance tax and that of 30% in matters of property wealth tax.

When you have a real estate project and you want to create a SCI, the protective measures for mortgage borrowers do not apply: the cooling-off period of ten days, maintaining the offer for thirty days, termination borrower insurance (termination during the first year and annual termination), because SCI is assimilated to a professional entity.

Finally, remember that the early release of a savings plan for group retirement and a business savings plan, a popular savings plan, the popular retirement savings plan or a home savings plan is only possible to buy your main residence directly, not through an SCI! And worse, you lose the potential benefit of protection against the seizure of your main residence to your professional creditors if it is held via an SCI.

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