Creating a family SCI: steps, advantages and practical advice!

Creating a family SCI or family Civil Real Estate Company is currently the goal of many families who are interested in this type of company to hold assets while limiting taxation. Indeed, the SCI is an ideal legal form for managing family real estate. Its creation makes it possible to structure contributions and share capital efficiently. This facilitates real estate management and the transfer of assets. But how do you create a family SCI? What are the advantages of this type of investment? Investissement Locatif tells you everything!

Steps to follow for the creation of a family SCI

Creating a family SCI is a process that requires several phases. Are you planning to create one? Here are the essential phases that you must follow.

Define the family SCI project

Clarifying the objectives of creating a family SCI ensures optimal management of the housing . The creation of this civil company makes it possible to structure the share capital and the contribution of each member of the family. This facilitates long-term property management. The statutes of the SCI define the roles and responsibilities of the managers and each member.

The choice of the type of SCI, between SCI with IR and SCI with IS , has important tax implications. The majority of SCIs in France, approximately 70% according to INSEE, are subject to IR. This choice influences the tax regime and legal procedures of the company. An SCI with IR allows direct taxation of real estate income to members, while an SCI with IS subjects the company itself to corporate taxation. The formulation of the statutes and registration with the register are essential phases to formalize the creation of the SCI. The publication of the legal notice and the filing of the complete file with a notary complete the incorporation process.

Draft the statutes of the SCI

The formulation of the statutes of the family SCI constitutes a step in the creation of the civil company. These statutes must include information such as the company name, the registered office, the corporate purpose, and the amount of the share capital. A model of statutes adapted to a family SCI can facilitate this task, but it is important to personalize them according to the contribution and the family objectives. A precise formulation of the statutes is essential to avoid disputes and ensure harmonious management of the real estate.

Clearly defining the corporate purpose of the family SCI is also fundamental. This purpose governs the company's activities, which are often limited to the administration and rental of buildings. Examples of common corporate purposes include the acquisition, management, and bequest of real estate assets. A good definition of the corporate purpose helps to clarify the expectations of the members and effectively structure the activities of the real estate company.

To create a Family SCI, it is essential to determine the amount of the share capital. According to the Ministry of Economy, the majority of SCI in France opt for a share capital of less than 10,000 euros. Family shares can be in cash or in kind, and their deposit is essential.

Setting up the family SCI

When creating a SCI Familiale , it is essential to understand who can be a member. Any person in the family, including minors with the agreement of their legal representative, can hold shares. Their distribution must be defined in the statutes of the civil company in order to ensure fair management of the share capital and contributions.

The declaration of beneficial owners is crucial for the tax transparency of the SCI. This legal procedure consists of identifying the natural persons who control the company. It thus helps prevent money laundering and tax fraud. The filing of this statement must be done when registering the company in the business register.

Finally, the publication of the regulatory announcement of the creation of the SCI is a mandatory formality. This step consists of publishing the essential information of the company in a legal announcements journal, as defined by the Chamber of Notaries. The costs associated with this publication vary, but they are generally between 150 and 200 euros. This disclosure guarantees the legality and transparency of the constitution of the SCI.

Register the family SCI

The transcription of a SCI Familiale requires a series of administrative procedures. The first step is to register the civil company with the registry of the commercial court. To do this, you must prepare a complete file including the company's statutes, a statement of the beneficial owners, an M0 form, as well as the certificate of publication of the regulatory announcement.

The cost of creating and registering an SCI, according to the Order of Chartered Accountants, often amounts to between 200 and 500 euros. This amount includes registry fees and costs related to publication formalities. 

Once registered, the SCI obtains legal personality, allowing it to manage the accommodation in a structured and regulatory manner. This registration also guarantees the recognition of the company by the competent authorities. It thus facilitates real estate transactions and the management of share capital.

Why create a family SCI?

Creating a Family SCI offers many advantages for the management and transfer of real estate. This civil company allows for optimized management of assets. It facilitates collective decisions within the family.

Create a family SCI for optimized management of real estate

Creating a Family SCI allows for optimized management of housing, thanks to increased flexibility in the management and transfer of assets. Structuring the share capital and contributions within the civil company facilitates the bequest of housing within the family. The statutes of the SCI can be drafted to provide for clear and fair bequest terms, thus avoiding conflicts of joint ownership. According to the FNAIM, successions involving an SCI are more harmonious, thanks to a well-defined distribution of shares between family members.

Tax prerogatives are another major advantage of the family SCI. By optimizing the structure of the company, you can benefit from a significant reduction in inheritance tax. The legacy of shares allows for a partial exemption from these taxes, which reduces the tax to be paid. In addition, the SCI allows for tax optimization thanks to specific regimes applicable to real estate civil companies. The management of rental income and real estate capital gains is thus facilitated, offering better protection of the family asset.

Registration of the SCI and disclosure of the statutes are necessary to benefit from these advantages. By following the necessary legal formalities, you ensure the regulatory compliance of the company and the optimal protection of your assets. The harmonious functioning of the SCI depends on the precise wording of the statutes and compliance with the creation processes.

Create a family SCI to protect family assets

Creating a Family SCI is an effective strategy for protecting family assets. One of the main advantages lies in the separation of family assets from each person's personal assets. This separation protects the assets held by the SCI against potential personal financial difficulties. In the event of personal debts, creditors cannot seize assets belonging to the civil partnership, thus ensuring better protection of the share capital and family contributions.

The creation of a family SCI also simplifies the procedures for the legacy of the property. The sharing of shares is facilitated thanks to the jurisdictional structure of the company, allowing for a fair distribution between the heirs. The statutes of the SCI can be drafted in such a way as to provide for specific clauses for the transfer, thus avoiding problems of joint ownership and ensuring harmonious management of the assets.

In addition, the SCI offers significant tax prerogatives in matters of inheritance. According to French notaries, the transfer of shares can benefit from a partial exemption from inheritance tax, thus reducing the tax to be paid when bequeathing the assets. This tax optimization is a major asset for preserving family assets in the long term. The disclosure of the statutes and the registration of the company are essential to benefit from these advantages, thus ensuring jurisdictional compliance and the protection of family assets.

Our expert advice for creating and managing a family SCI

The creation of a family SCI is a popular solution to facilitate the administration and legacy of housing within the family. To set up this civil real estate company, it is imperative to follow specific steps and respect certain legal formalities. The drafting of the statutes, registration, management of the contribution and share capital, as well as the appointment of the manager are all crucial steps to ensure the proper functioning of the SCI. This approach offers significant prerogatives, particularly in terms of transfers and distribution of assets, while avoiding the inconveniences associated with joint ownership.

Tips for drafting statutes

To create a family SCI, the formulation of the statutes is a crucial step. The statutes must be drafted precisely to guarantee a harmonious activity of the civil real estate company. This formality must anticipate potential family conflicts, particularly those related to the management of shares, share capital and the distribution of shares. A careful drafting of the statutes can avoid future disputes, clarify the purpose of the company, and define the rules for the transfer of real estate.

The choice of the manager, the management of the buildings and the terms of transfers must be carefully defined. The activity of the SCI is based on precise rules, framed by the statutes, which determine the rights and duties of each partner. Good management of assets requires a clear organization of capital contributions and a transparent declaration of social activities.

Using a notary or accountant to draft the statutes and manage the registration formalities provides considerable advantages. They ensure the regulatory compliance of the file, advise on the tax regime, and facilitate the declaration and disclosure of the necessary information. The costs associated with these services are often offset by the gains in security and optimization of the transfer of the real estate.

Advice for the day-to-day management of the SCI

The day-to-day management of a family SCI requires rigorous accounting, even if the real estate civil company is not subject to the same accounting obligations as a traditional company. The management of capital contributions, the monitoring of income and expenses, as well as the declaration of real estate income are essential obligations. It is advisable to keep accurate and up-to-date accounting to ensure effective management of the family home and facilitate the transmission and reporting of income. Compliance with accounting procedures also makes it possible to meet legal requirements and prepare the necessary files for any disclosure and legacy of the company accounts.

The organization of annual general meetings is another essential component of the management of a family SCI. These meetings allow important decisions to be discussed, accounts to be approved and resolutions to be made on the company's property management. The minutes and reports of each meeting must be carefully drafted and kept in the SCI's legal file. Good management of meetings contributes to the transparency and smooth running of the company.

Strategies to implement to optimize the taxation of your family SCI

To optimize the taxation of your family SCI , the use of advantageous tax arrangements is essential. The choice of tax regime, such as income tax or corporate tax, can have a significant impact on the administration of your real estate company. The depreciation of assets makes it possible to reduce the taxable base, while the reinvestment of profits in the share capital or in a new building can offer tax privileges. The proper use of these strategies promotes optimal management of the SCI's real estate assets.

Forecasting annual tax liabilities is a key step to avoid surprises and ensure sound financial management of your family SCI. It is crucial to anticipate taxes to be paid and to effectively manage property profits and deficits . Regular reporting of income and administration of expenses helps maintain legal compliance and optimize available tax assets. Rigorous management of tax aspects contributes to the stability and profitability of the SCI in the long term.

Creating a family SCI: what you need to remember

Creating a family SCI has many advantages for the management and transfer of real estate assets. This legal structure facilitates the distribution of contributions and share capital. It offers better organization and greater protection of family assets. The tax advantages and legal protection offered by this investment make it an attractive option for families wishing to optimize their real estate assets while preparing its transfer in a harmonious and efficient manner. However, the steps of its creation must be followed to the letter to guarantee the proper functioning of the company.