Real estate08 January 2026

Family SARL or SCI: What Choice in 2026?

Family SARL vs SCI: complete tax, social and asset comparison. Which vehicle should you choose to invest in family real estate in 2026?

Samuel HAYOT
5 min read

Expert note: This article was written by our chartered accountancy firm. Information is current as of 2026. For a personalised review of your situation, contact us.

Family SARL or SCI: What Choice in 2026?

Updated March 2026 - Do you want to invest in real estate with your family or structure your assets? Two legal vehicles are available to you: the Family SARL and the SCI. Each has specific benefits depending on your strategy. This comprehensive guide will help you decide.

Definitions and fundamental differences

The family SARL

The Family SARL is a commercial company whose partners are exclusively members of the same family (direct relationship up to the 2nd degree, spouses or PACS partners). It can carry out all real estate activities, including furnished rental (LMNP) and purchase-resale.

Key Features:

  • Legal form: family-oriented SARL (Commercial Code, art. L. 223-1)
  • Liability: limited to contributions
  • Default taxation: IR (transparency, BIC for partners)
  • Accounting: complete commercial mandatory

The SCI (Real Estate Civil Society)

The SCI is a civil society intended for the management and transmission of real estate assets. It is reserved for civil activities (mainly bare rental). Furnished rental is only possible on an ancillary basis (less than 10% of revenue).

Key Features:

  • Legal form: civil society (Civil Code, art. 1845)
  • Liability: unlimited and proportional to the shares
  • Taxation by default: IR (transparency, property income)
  • Accounting: simplified (revenue/expenses)

Detailed tax comparison

Taxation at IR

CriterionFamily SARLSCI
Tax regimeBIC (industrial and commercial profits)Land income
Depreciation of the property✅ Yes (in LMNP in real life)❌ No
Deduction of charges✅ All charges + depreciation✅ Actual Charges Only
DeficitChargeable on BIC 10 yearsChargeable on total income (10,700€/year max)
Capital gain on saleIndividual planIndividual plan (exo after 30 years)

Option for IS

Both structures can opt for Corporate Tax:

  • Reduced rate: 15% up to €100,000 profit (2026)
  • Normal rate: 25% beyond
  • Depreciation: possible in both cases at IS
  • Capital gain: corporate regime (no reduction for holding period)

Hayot Expertise Advice: The IS option is irrevocable. Before switching, precisely simulate the impact on the future capital gain. The annual tax gain (depreciation) can be largely offset by heavier taxation on resale.

Family SARL and LMNP: the winning duo

Why the family SARL for furnished accommodation?

The family SARL is the only legal vehicle allowing you to accumulate:

  • Professional or non-professional furnished rental (LMNP/LMP)
  • tax transparency (IR) with deduction of depreciation (real BIC regime)
  • liability limited to contributions (asset protection)

Concrete example:

A property purchased for €300,000 in a family SARL (real LMNP):

  • Annual rent: €18,000
  • Depreciation: €7,500/year (over 40 years, excluding land)
  • Deductible expenses: €4,500 (interest, management, insurance)
  • Tax result: €6,000 (taxed at the TMI of the partners)
  • Savings vs SCI at IR: ~€2,500/year thanks to depreciation

Why is the SCI not suitable for furnished accommodation?

In SCI, habitual furnished rental constitutes a commercial activity which entails:

  • The subjection to IS of the company
  • Loss of the individual capital gains regime
  • Reinforced accounting obligations

The SCI can only provide furnished rentals on an occasional basis (less than 10% of its revenue).

Asset transfer: SCI advantage

Donation of shares

The SCI excels in terms of transmission thanks to the donation of shares mechanism:

  • Deduction: €100,000 per parent and per child every 15 years (art. 790 of the CGI)
  • Discount: SCI shares benefit from a discount of 10% to 20% (low liquidity)
  • Dismemberment: donation of bare ownership (parents retain usufruct and income)

Family SARL: transmission possible but no longer constrained

  • Facilitated transfer of shares between family members
  • Exemption from capital gains under certain conditions (art. 150-0 D ter of the CGI)
  • Restriction: partners must be members of the same family

Social regime for managers

Family SARL

  • Majority manager: TNS (Self-Employed Worker), charges ~45% on the share of profit
  • Minority manager: assimilated employee (charges ~80%)
  • Minimum contribution: ~€1,200/year even in the absence of benefit

SCI

  • Manager: no specific social security scheme if unpaid
  • Associates: no direct social contributions (property income subject to social security contributions of 17.2%)
  • Advantage: no social charges on income from the SCI to the IR

Which vehicle to choose according to your project?

Choose the family SARL if:

  • 🎯 You are investing in furnished rental (LMNP/LMP)
  • 🎯 You want to depreciate your assets while remaining on IR
  • 🎯 You are looking for limited liability
  • 🎯 You are engaged in real estate purchase-resale

Choose SCI if:

  • 🎯 You invest in classic bare rental
  • 🎯 You are preparing the transmission of your assets
  • 🎯 You want a dismemberment of property
  • 🎯 You are aiming for simplicity of management (light accounting)

Our creation and management support

Our firm supports you in the choice and creation of your real estate vehicle:

  • Comparative study personalized family SARL vs SCI
  • Drafting of statutes and creation formalities (from €800 excluding tax)
  • Annual accounting (from €228 excluding tax/month)
  • Tax optimization and wealth strategy

👉 Discover our support

Conclusion

The choice between Family SARL and SCI depends above all on your investment strategy and your asset horizon. The family SARL is essential for furnished accommodation, while the SCI remains essential for transmission and classic asset management. In both cases, expert support is essential to structure your assembly.

📞 Ready to structure your family real estate investment? Our firm advises you on the vehicle best suited to your project.

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Article written by Samuel HAYOT

Chartered Accountant, registered with the Institute of Chartered Accountants.

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