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Taxation of equestrian properties: what you need to know

Published at September 25, 2024 by Bernard Charlotin
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Taxation of equestrian properties: what you need to know

The taxation of equestrian properties is a complex area that requires a good understanding of the different regimes that apply. This article aims to clarify the main tax aspects to be taken into account by equine owners and future owners of equestrian businesses.

Table of contents
1. 
Different types of income and how they are taxed
    1.1 Farm income
    1.2 Competition revenues
    1.3. Commercial income
2. Choosing your legal and tax status
    2.1 Sole proprietorship vs. company
    2.2 Separate the land from the business
3. Specific tax regimes
    3.1 The micro-BA scheme
    3.2 Actual regime
    3.3 Corporate income tax option
    3.4 VAT on equestrian activities
4. Tax optimization and exemptions
    4.1 Exemption from transfer duties
    4.2 IFI exemption for business assets
    4.3 Capital gains
    4.4 Facilities specific to the equine sector
5. MSA social security contributions for equestrian activities
    5.1 MSA membership
    5.2 Calculating contributions
    5.3 Special features of the agricultural social security system
    5.4 Exemptions and rebates
6. Special cases and points of attention
    6.1 Racehorses
    6.2 Entertainment activities
    6.3 Soilless breeders
7. In conclusion
8. Read more

Different types of income and how they are taxed

Farm income

The preparation, training and operation of domestic equidae are considered agricultural activities. Income from these activities is therefore taxable as agricultural profits. This applies in particular to

  • Horse breeding
  • Dressage
  • Boarding and preparation of horses
  • Running riding schools

Competition revenues

Race winnings and bonuses received by horse owners are treated differently depending on the owner's status:Boxes avec chevaux

  • Non-professional owner: income tax exemption
  • Non-professional owner: taxed as non-professional non-commercial profits (BNC)
  • Professional owner: taxed as professional BNC

Commercial income

Some equestrian activities are considered to be commercial and are therefore classified as industrial and commercial profits (BIC). This is the case for :

  • Pure boarding (without horse preparation)
  • Horse rental without preparation

Choosing your legal and tax status

Sole proprietorship vs. company

The choice between sole proprietorship and company depends on a number of factors:

  • Sole proprietorship: simplified formalities, optional capital contribution
  • Agricultural companies such as EARL, GAEC, SCEA, 
  • Commercial companies such as SARL or SAS

Separate the land from the business

It is also possible to separate agricultural land from the equestrian business: 

  • By purchasing the land as part of a Groupement Foncier Agricole (a special type of non-trading property company) and leasing it back to the sole trader
  • By purchasing the land as a sole trader and leasing it back or making it available to an operating company

In this case, care must be taken not to build on someone else's land. This dissociation allows rent to be deducted from farm income (less farm income in return for land income), which can reduce the base subject to MSA agricultural social security contributions. It also enables you to benefit from tax advantages, which can be substantial if the lease is a long-term one (see below).

Specific tax regimes

The micro-BA scheme

Equestrian operators whose annual income does not exceed €85,800 can opt for the micro-BA scheme. Taxable profit is then equal to 13% of income.Droit
This is a simple system, requiring no bookkeeping, but it can be disadvantageous if the company makes a loss. In this case, it is possible to opt for a real profit system.

Actual regime

Above the €85,800 threshold, the farm is subject to the actual taxation system. This system allows more accurate deduction of actual operating expenses.
Accounting is required.

Corporate income tax option

Opting for corporate income tax can have a number of advantages, including limiting taxation if income is not distributed to associates.

VAT on equestrian activities

VAT liability is compulsory for sales in excess of 46,000 euros. Below this threshold, the activity is subject to the flat-rate refund (RFA), which allows you to be reimbursed for part of the VAT based on a percentage of sales. It is of course possible to opt for VAT liability.

The simplified agricultural regime allows VAT to be reclaimed on purchases, and requires VAT to be charged on receipts at different rates depending on the nature of each activity.

Standard rate (20%)

Are subject to the standard 20% rate:

  • Pure boarding
  • Renting without preparation
  • Teaching and training
  • Sales of horses for sport, leisure or racing

Reduced rate (5.5%)

The reduced rate of 5.5% applies to riding schools for:

  • Use of sports facilities (riding arena, career, course)
  • Entertainment and demonstration activities

Intermediate rate (10%)

The 10% rate applies to sales of horses for agricultural production or slaughter.

Tax optimization and exemptions

Exemption from transfer duties

There are a number of ways to significantly reduce the cost of transferring an equestrian property:Balade à cheval

Groupement Foncier Agricole (GFA): 

  • Allows partial exemption from gratuitous transfer duties
  • Exemption is 75% up to €300,000 and 50% above
  • Condition: long-term lease, commitment to hold shares for at least 5 years.

Long-term lease:

  • Exemption of 75% up to €300,000 and 50% above that amount
  • Applicable to rural property leased under a long-term lease (minimum 18 years)

Pacte Dutreil:

  • Abattement de 75% sur la valeur des biens professionnels transmis
  • Applicable aux entreprises individuelles et aux sociétés
  • Engagement collectif de conservation des titres pendant 2 ans
  • Engagement individuel de conservation pendant 4 ans supplémentaires

These mechanisms offer substantial allowances on the value of assets passed on, enabling a substantial reduction in inheritance or gift tax.

IFI exemption for business assets

Professional assets, including horses and equestrian facilities, may be exempt from Impôt sur la Fortune Immobilière (IFI) under certain conditions:

  • The business must be carried on primarily by the owner
  • The assets must be necessary to carry on the business
  • The exemption applies to the full value of the business assets

This exemption can represent a significant saving for owners of valuable equestrian estates.

Capital gains

The capital gains regime varies according to the owner's status:

Non-intervening owner :Calcul

  • Taxed at a flat rate of 30% (12.8% income tax + 17.2% social security contributions)
  • Deductions for length of ownership:
    • 50% after 2 years of ownership
    • 65% after 8 years of ownership

Owner and professional :

  • Professional capital gains regime
  • Possibility of total exemption subject to conditions (article 151 septies of the CGI):
    • Activity carried out for at least 5 years
    • Annual revenues below €250,000 for total exemption
    • Partial exemption for revenues between €250,000 and €350,000

Please note: although the main information is correct, taxation is a complex and constantly evolving field. It is always advisable to consult a professional for advice tailored to your specific situation and up-to-date with the latest legislation.

Facilities specific to the equine sector

Here are some of the tax measures applicable to farms and equestrian businesses: 

Tax credit for replacement expenses :

  • Applicable to farmers, including horse breeders
  • Tax credit of 50% of the expenses incurred to ensure their replacement

Hazard deduction :

  • Allows you to deduct up to €27,000 per year from taxable income
  • Can be used in the event of climatic, health, economic or family contingencies

Three-year fiscal average :

  • Option to smooth taxation over 3 years for operators subject to the actual regime
  • Taxable income is calculated on the average of the last 3 years' results
  • Particularly advantageous for equestrian activities subject to significant income fluctuations
  • Option valid for 3 years, tacitly renewable

Declining-balance depreciation for certain equipment :

  • Applicable to equipment and facilities specific to equestrian activity
  • Allows accelerated tax deduction of investments

Tax optimization in the equestrian sector requires an in-depth analysis of each situation and constant monitoring of regulatory developments. We strongly recommend that you consult a chartered accountant or a tax lawyer specialized in the equine sector, for personalized advice tailored to your specific situation.

MSA social security contributions for equestrian activities

Equestrian activities come under the agricultural social security scheme managed by the Mutualité Sociale Agricole (MSA). Here are the main points to remember:

MSA membership

  • For breeding activities: minimum surface area (SMA) criterionCheval
  • For equestrian activities: threshold set at five equines
  • Possibility of affiliation based on working time: minimum 1,200 hours per year

Calculating contributions

  • Contributions calculated on professional income
  • Basis of calculation: profit after micro-BA allowance or actual profit depending on the tax system chosen

Special features of the agricultural social security system

  • Contributions generally lower than those of the general scheme (around 3.35% lower according to the Cour des Comptes)
  • 17% of benefits financed by farmers, with the remainder coming from inter-regime solidarity and the State

Exemptions and rebates

  • Partial exemption from social security contributions for young farmers
  • Possible modulation of contributions according to projected income

It's important to note that the agricultural social security system is constantly evolving. We recommend keeping abreast of legislative changes, and consulting a chartered accountant or the MSA for up-to-date information tailored to your specific situation.

Special cases and points of attention

Chevaux de course

Owners of racehorses benefit from a special tax regime, with an exemption on race winnings for non-racing owners.

Entertainment activities

Equestrian show activities are excluded from the scope of agricultural activities, and generally come under the BIC regime.

Soilless breeders

Soilless livestock farmers are subject to special rules, and their profits may be classified as BNC.

In conclusion

The taxation of equestrian properties is a complex field, requiring an in-depth analysis of each individual situation. The choice of legal and tax status, as well as the optimization of various tax exemption schemes, can have a significant impact on the profitability of an equestrian operation. We recommend that you consult a chartered accountant or tax lawyer for personalized advice tailored to your specific situation.

The French equine industry benefits from a number of advantageous tax regimes, but also faces a number of challenges, not least the rise in VAT in the sector. A good understanding of the applicable tax rules is essential to ensure the sustainability and development of equestrian activities, whether breeding, sport, leisure or racing.

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