Form 2091 or 2092: which tax regime should I choose when making a buyback?
When your client sells jewelry or a watch for more than €5,000, they have a choice between two tax regimes: the flat-rate tax (form 2091) or the capital gains tax (form 2092). The choice depends primarily on the supporting documents the client can provide.
Option 1: the flat-rate tax — form 2091
This is the default regime, applicable when the customer cannot provide proof of the date or purchase price of the goods.
- Rate : 6 % + 0.5 % CRDS for jewelry and watches (6.5 % in total)
- Calculated on the total selling price, without taking into account the initial purchase price
- Deadline : to be paid within one month of the transfer
- Form Form no. 2091, to be filed with the tax office
Example: watch resold for €10,000 → tax = 10,000 × 6.5 % = 650 €, regardless of the capital gain realized.
Option 2: Capital gains tax — form 2092
This scheme is available if the client can provide proof of the acquisition date and price. It may be more advantageous when the capital gain is low or the asset has been held for a long time.
- Calculated on the capital gain (selling price − purchase price), and not on the total price
- A progressive abatement applies according to the length of detention
- Total exemption if the property has been held for more than 22 years
- Form No. 2092
Example: watch bought for €8,000 and sold for €10,000 → capital gain of €2,000, taxed at a progressive rate, potentially much less than €650.
How to choose the right diet?
| Situation | Recommended diet |
|---|---|
| No purchase invoice | Flat-rate tax (2091) |
| Purchase invoice available, significant capital gain | Compare the two options |
| Property held for over 22 years | Capital gain (2092) → total exemption |
| Purchased recently, resold at the same price | Capital gain (2092) → little or no tax |
Jewely's role
Jewely automatically generates the buyback voucher with the transaction amount. This document can serve as proof for your client when completing their tax return. Remember to include a precise description of the item, its condition, and the buyback price.
