The existence of a double level

Practical application:

The Cassation decision confirms that even with a double level of interposition (the holding company between him and the SCI), the SCI shares can be classified as professional assets under Article 885 O bis of the General Tax Code. To benefit, he must demonstrate that the SCI carries out a genuine professional property management activity (regular, structured, and generating sufficient income). He should urgently gather all management contracts, bank statements, and accounts to apply for a revision of his IFI declaration, potentially saving thousands of euros annually.

Practical application:

This ruling clarifies that double interposition does not automatically disqualify the SCI shares from being professional assets, but the activity must be genuinely professional—not just passive rental. He should ensure the SCI's objects expressly include active property management, keep detailed records of all management tasks, and avoid mixing personal use. Before finalising the structure, he must seek tailored legal advice to set up a compliant operational framework, or risk the shares being deemed private and taxable.

Practical application:

The judgment confirms that the double interposition (holding company + SCI) does not prevent classification as professional assets if the SCI genuinely carries out a professional activity. They must review whether the SCI's daily management, tenant relations, and income generation meet the professional threshold. The sibling arguing for professional status should compile evidence of active management (lease negotiations, repair contracts, regular meetings) and request a binding ruling from the tax authorities. If accepted, this could exempt the shares from IFI and significantly reduce their tax burden.