TLDR: Taxpayers may apply the amendments to Article 50-0 of the French Tax Code (CGI) introduced by Article 45 of Law No. 2023-1322 (29/12/2023) as early as 2023, but they may also retain the previous rules for 2023 to avoid ex post accounting reconstruction.
Legal context
The amendments introduced by Article 45 of the 2024 Finance Law (No. 2023-1322 of 29 December 2023) directly affect the tax regime for furnished tourist rentals, as defined in Article 50-0 of the Code général des impôts (CGI).
Retroactive application permitted
Affected taxpayers have the option to apply these new rules from the taxation of 2023 income, without waiting for their official entry into force.
Option to retain previous rules
To limit the consequences of retroactive application, it is explicitly permitted for taxpayers to continue applying the provisions of Article 50-0 of the CGI in its version prior to the publication of Law No. 2023-1322 to 2023 income. This option avoids the obligation to reconstruct commercial accounting ex post for 2023.
Affected parties
These transitional rules apply only to taxpayers affected by the amendments to Article 50-0 of the CGI, i.e., those whose activity falls under furnished tourist rentals.
Practical consequences
Retroactive application implies, for taxpayers opting for the new rules, a reconstruction of accounting for the year 2023. Conversely, those who choose to retain the previous rules do not need to take this step.
Additional clarifications
No other retroactive provisions are planned for years prior to 2023. Taxpayers must therefore comply either with the new rules or the old ones, with no possibility of combining them for the year 2023.