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Create my bookLMNP housing tax 2026: who still pays it, and how to stop paying it legally
The French housing tax is gone for main residences, not for your holiday rental. This guide explains when it is due, why paying the CFE does not protect you, what the 2026 finance act changes, and how to contest a notice you should never have received.
Key point: if nobody lived in your property as their main residence on 1 January, you owe the housing tax on second homes (THRS), increased by 5 to 60% in high-demand areas. Paying the CFE does not exempt you. Only an exclusive management mandate with no personal use, or a tenant living there full time, gets you out of it.
Why do you still receive a housing tax notice in 2026?
Since 1 January 2023, the housing tax has been abolished only for main residences. It remains due on any furnished premises that the owner, usufructuary or occupant uses as a second home. A studio rented to tourists, a flat in a ski resort or your Airbnb all fall into that category in the eyes of the tax office.
The test is not your situation, but who occupied the property on 1 January. If a tenant lived there as their main residence on that date, nobody pays. In every other case (seasonal rental, vacant property, property at your disposal), the THRS applies.
The three situations that trigger the THRS
The property is vacant on 1 January
Even if it is rented 48 weeks out of 52, what counts is its status on that date. Vacant for more than a year in a high-demand area, it also falls under the vacant housing tax.
You keep the property at your disposal
You use it part of the year, or lend it to a relative for free, and rent it out the rest of the time: the most common trap in seasonal rentals.
Your tenant uses it as a second home
A holiday let, or a mobility lease for an executive who keeps a home elsewhere: the tax is owed by the occupant, but you must declare correctly who was living there.
The occupancy declaration, the obligation most hosts forget
The notice is based on the occupancy declaration you file in the "Biens immobiliers" section of impots.gouv.fr, before 1 July 2026, for the situation on 1 January 2026. Forget to report a full-time tenant and the notice is sent to you by default, leaving you to file a claim.
Do I owe the THRS?
Three questions about your property on 1 January. The answer follows the criteria the tax office applies; it does not replace a ruling from your local tax service.
Question 1 of 3
Did a tenant occupy the property as their main residence on 1 January?
Why the CFE does not protect you from the housing tax
A stubborn myth: paying the business property contribution (CFE) would exempt you from the THRS. Article 1407 II of the French tax code does exclude premises subject to the CFE from the housing tax, but only if they are not used as the host's personal home. As soon as you can use the property, even in theory, both taxes apply. A ministerial answer of 3 June 2025 confirmed that they stack.
The CFE covers any regular furnished rental, seasonal included, as soon as the property is not your main residence and your receipts exceed €5,000 a year. It is computed on the rental value of the property, with a minimum base set by the town. Under the real regime it is deductible from your rental income; under micro-BIC it is meant to be covered by the flat allowance.
Rental-only use
The property is dedicated to rental, with no possibility of personal use, and you can prove it. No housing tax, the CFE still applies.
Mixed use
You sometimes stay there, or you manage it yourself on a platform without a mandate. Both taxes apply, and up to three local taxes stack: property tax, CFE and THRS.
Example quoted by our source: a one-bedroom flat in Annecy rented short term brings in €14,000 a year. Property tax €980, CFE €620, THRS with a 40% surcharge €1,320, total €2,920 of local taxes, 20.8% of gross income.
High-demand areas: the surcharge that changes everything
In towns where housing demand far exceeds supply (article 232 of the tax code, more than 3,600 towns), the council can increase the municipal share of the THRS by 5 to 60% (article 1407 ter). Paris applies the maximum. The surcharge shows on a separate line of your notice, "majoration résidence secondaire". The list of towns is set by the decree of 10 May 2013 as amended, available on service-public.fr.
Work out your exposure in four steps
- Find the net cadastral rental value on your latest property tax notice.
- Identify the THRS rate of your town and its inter-municipal body (impots.gouv.fr or your local tax office).
- Apply the high-demand surcharge if it has been voted, between 5 and 60%.
- Total THRS = net rental value × rate × (1 + surcharge).
Example: a flat in Bordeaux, net rental value €2,400, combined rate 18%, surcharge 50%. Base THRS €432, surcharge €216, total €648 a year. Add a CFE of about €350 and a property tax of about €800, and local taxes reach €1,798, the equivalent of 12 to 18 booked nights depending on your rate.
Three simulations for the same 45 m² flat bought for €180,000
| City (surcharge) | Airbnb income | Property tax | CFE | THRS with surcharge | Local taxes |
|---|---|---|---|---|---|
| Annecy (+40 %) | 18 000 € | 1 100 € | 580 € | 1 260 € | 2 940 € |
| Tours (+20 %) | 10 800 € | 820 € | 420 € | 780 € | 2 020 € |
| Biarritz (+60 %) | 22 000 € | 1 350 € | 650 € | 1 920 € | 3 920 € |
Estimates published by reussirsalocationcourteduree.fr, September 2026. Rates vary by town. In all three cases the THRS alone equals two to four weeks of rental income.
Comparison: your setup against local taxes
| Criterion | Long-term let (tenant's main residence) | Seasonal with exclusive mandate | Seasonal self-managed (Airbnb without mandate) |
|---|---|---|---|
| Housing tax (THRS) | Not due | Not due if the mandate is compliant | Due (presumed personal use) |
| CFE | Due, deductible under the real regime | Due, deductible under the real regime | Due, not deductible under micro-BIC |
| High-demand surcharge | Not applicable | Not applicable | Applicable, up to +60% |
| Estimated local taxes (Bordeaux flat) | ~€1,150 / year | ~€1,150 / year | ~€1,798 / year |
| 2026 finance act exemption | Not applicable | Possible (classified rental + council vote) | Out of reach without a mandate |
| Paperwork | Light | Moderate (mandate + declaration) | Heavy (risk of dispute) |
2026 estimates from our source. Cited sources: impots.gouv.fr, 2026 finance act (articles 55 and 112).
Three legal ways to stop paying the housing tax
An exclusive management mandate excluding personal use
The option best supported by case law: a property rented all year through an agency or concierge service, under a mandate that forbids you any stay, and in which you actually never stayed, is not subject to the housing tax. The agent must hold the carte G (French property management licence). An unlicensed concierge service does not have the same effect.
What the mandate must contain
- An express waiver of any right to occupy the property or lend it to a third party, even for free, for the whole term of the mandate.
- Permission to rent it out over the whole period, without you being able to refuse a booking to get the property back.
- A mandate in force on 1 January of the tax year, and mentioned in your occupancy declaration.
Classified tourist accommodation and the 2026 exemptions
Article 112 of the 2026 finance act removes the geographic lock: any town can now vote a full or partial THRS exemption for classified furnished tourist rentals and bed and breakfasts, where only rural revitalisation zones could before. Article 55 automatically excludes labelled rural gîtes (Gîtes de France, Clévacances, within the meaning of the new article L.324-6 of the tourism code), in a detached house or a building of at most four dwellings, outside the large metropolitan areas. The decree listing eligible labels has not been published yet.
A council vote must take place before 1 October to apply the following year: no such exemption applies to the 2026 tax, but a town voting before 1 October 2026 exempts you from 2027. Contact your town hall and, if you can, a local hosts' association.
Switching to a long-term let
If the property becomes your tenant's main residence, the housing tax disappears. Compare the loss of gross income with the savings on THRS, CFE and management fees. In highly seasonal markets (Paris, the Riviera, ski resorts), short-term usually still wins; in a mid-sized town with the maximum surcharge and occupancy below 60%, the switch can pay off.
Contesting a housing tax notice received by mistake
Valid grounds: a tenant lived there as their main residence on 1 January, a high-demand surcharge applied in error, an outdated rental value, or CFE + THRS stacked on a property that is not your personal home. You have until 31 December of the second year after the tax was put into collection: for a 2026 THRS, until 31 December 2028. The tax office handles claims filed within three months faster.
- 1
Gather the evidence: lease stating the tenant's main residence, exclusive mandate, or proof of no personal use (booking calendar, meter readings, stays abroad).
- 2
File the claim from the secure messaging of your impots.gouv.fr account, under "Écrire > Réclamation/Contestation", with your supporting documents.
- 3
Ask for a payment deferral if needed. Guarantees may be required above €4,500.
- 4
The tax office has six months to answer. Silence counts as an implicit rejection, and you can then go to the administrative court.
- 5
If rejected with a solid file (compliant mandate, documented absence of personal use), pursue the case before the administrative court.
Three mistakes to avoid
- Taking a payment deferral without being sure of your case: if the claim is rejected, you pay the tax plus a 10% late surcharge.
- Confusing a claim with a correction: an error in your own declaration is fixed online between early August and late November, no claim needed.
- Missing the deadline: 2024 and 2025 notices have their own deadlines, check the date printed on each one.
Dates not to miss
1 July 2026
Occupancy declaration in the "Biens immobiliers" section, for the situation on 1 January 2026.
1 October 2026
Deadline for a council exemption vote (article 112) to apply to the 2027 tax.
31 December 2026
Sign an exclusive management mandate so that it is in force on 1 January 2027.
31 December 2028
End of the claim period for a THRS put into collection in 2026.
The five documents to keep for six years
- The signed exclusive management mandate, with its no-personal-use clause.
- The booking calendars for each year.
- The occupancy declarations filed in the "Biens immobiliers" section.
- The tourist accommodation classification certificate, if any.
- The paid CFE notices.
FAQ: the housing tax for LMNP and LMP hosts
The 2023 abolition only covers main residences. A holiday rental is a second home or a mixed-use property: it stays taxable, with a surcharge of up to 60% in high-demand areas. You escape it only by showing that the property is used for rental alone.
Yes in most cases. Stacking both taxes is legal as soon as you keep, even in theory, the possibility of using the property, as a ministerial answer of 3 June 2025 confirmed. Only an exclusive mandate in force on 1 January gets you out.
The list is set by the decree of 10 May 2013 as amended and published on service-public.fr. Paris, Lyon, Bordeaux, Nice, Montpellier, Rennes, Annecy, Biarritz and most seaside or mountain resorts are on it. The surcharge appears on your notice as "majoration résidence secondaire".
No. The mandate must exclude any personal use (including lending to a relative), allow rental over its whole term without you refusing a booking, and be given to a professional holding the carte G. Managing your own listing gives no protection.
Two: article 55 automatically excludes labelled rural gîtes meeting the criteria of article L.324-6 of the tourism code, and article 112 lets any town vote an exemption for classified rentals and bed and breakfasts. A vote before 1 October 2026 applies from 2027; nothing applies to the 2026 tax.
No. Professional host status affects loss offsetting, the wealth tax or social contributions, not the housing tax. Only the use of the property matters: if you can use it, the THRS is due, LMNP or LMP.
Yes under the simplified real regime, where the THRS and the CFE are deductible like the property tax or loan interest. Under micro-BIC, the flat allowance (30%, or 50% for a classified rental) is meant to cover all your costs, taxes included.
You can be exempt if you prove three things: the property was actually unoccupied on 1 January, it was put up for rent before that date through a management mandate, and you had no intention of using it. An Airbnb calendar alone is not enough. A property vacant for more than a year in a high-demand area also falls under the vacant housing tax.
This guide summarises the article "Taxe habitation LMNP 2026" by reussirsalocationcourteduree.fr (updated 30 September 2026) and the texts it cites: French tax code articles 232, 1407 and 1407 ter, 2026 finance act articles 55 and 112, ministerial answer of 3 June 2025. Rules depend on each property and each town: check your situation with your local tax office or an accountant.
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