The creation of a non-trading property company (SCI) does not give you "real estate superpowers", but it does allow you to achieve certain objectives, whether as a family, as a couple, between friends or professionally. A real "Swiss Army knife", the SCI can allow you to :
1. FINANCE the acquisition of a property in common.
It is indeed easier toobtain a loan if there are several people. It increases the financial capacity.
2. AVOID problems related tojoint ownership. In case of disagreement, solutions can be found more easily to avoid the systematic sale of the property.
3. OPTIMIZE the taxation of gifts, by making donationsof shares at a lower cost to your children. The calculation of the value of the share takes into account the liabilities.
4. TO TRANSFER by controlling, by giving shares of SCI to the children in bare ownership, while "keeping the hand" by an arrangement of the statutes of the company, in particular with the right to vote.
5. buy the family home without being married, through an SCI and by the cross dismemberment of shares (bare ownership / usufruct). More advantageous in case of death for the surviving spouse.
6. PROTECT your business premises. To isolate your premises from the company's assets, it is wise to buy a property through an SCI and rent it to an operating company, such as a SARL for example. This can be useful if things "go wrong" professionally.
7. Protect a disabled child from need by giving him or her usufruct shares in a SCI so that he or she can have rental income to help with living expenses. The bare ownership shares will be given to his brothers and sisters.
8. CREATE a family structure to manage a real estate patrimony and stay together by the game of the clauses of approval. Only those who wish to join the company can do so. It will then be a "closed" company.
Stéphanie Swiklinski