The principle: funds locked until retirement, with exceptions
The PER is a long-term savings product designed to prepare for retirement. In principle, contributions are locked in until the legal retirement age (64 since the 2023 reform) or until the effective liquidation of the holder's pension. However, the legislator has provided six early withdrawal cases that allow savers to access their funds before retirement, in the form of a lump sum.
These withdrawal cases are identical for all three PER compartments (voluntary contributions, employee savings, and mandatory contributions), with the exception of the primary residence purchase, which does not apply to the mandatory contributions compartment. Understanding these cases is essential, as they provide a financial safety net that distinguishes the PER from the former Madelin or PERP contracts, which did not offer the same flexibility.
The PACTE law of 2019, which created the PER, harmonized the early withdrawal rules for all plan types (individual PER, company collective PER, and mandatory PER), while introducing the new case of purchasing a primary residence. This standardization simplifies things for savers, even though the applicable taxation varies depending on the source of funds and the reason for withdrawal.
The 6 early withdrawal cases
Case 1: Purchase of a primary residence
This is the major innovation of the PER compared to former retirement savings products. You can withdraw from your PER to finance the purchase of your primary residence, whether it is a first purchase or not. This withdrawal case is limited to compartments 1 (voluntary contributions) and 2 (employee savings). Compartment 3 (mandatory contributions) is excluded.
Conditions:
- The purchase must concern your primary residence (not a secondary residence or a rental investment)
- The property can be new or existing, with or without renovation work
- New construction is also eligible
- The withdrawal can finance the personal deposit, notary fees, or the repayment of an existing mortgage on the primary residence
- Off-plan purchases (VEFA -- vente en etat futur d'achevement) are accepted
Taxation: Contributions that were deducted at entry are subject to the progressive income tax scale. Capital gains are subject to the flat tax (PFU) of 30%. Be aware that this withdrawal can have a significant tax impact in the year of exit, especially if you are in a high marginal tax bracket.
Beware of the tax impact of withdrawal for primary residence
Unlike other early withdrawal cases (life accidents), withdrawal for purchasing a primary residence does not benefit from any special exemption. Contributions that were deducted at entry are fully taxed again under the progressive income tax scale. Under the 2026 tax brackets, the rates are: 0% up to 11,497 euros, 11% from 11,497 to 29,315 euros, 30% from 29,315 to 83,823 euros, 41% from 83,823 to 180,294 euros, and 45% above that. Simulate the impact before initiating the process, as the withdrawn amount is added to your current-year income.
Worked example -- Julien, 40, software developer:
Julien is a software developer on a permanent contract (CDI) in Lyon. He earns 52,000 euros in net taxable income per year and is in the 30% marginal tax bracket (TMI). For five years, he has been making regular contributions to his Linxea Spirit PER, taking advantage of some of the lowest management fees on the market (0.50% per year on unit-linked funds).
His PER now totals 55,000 euros: 42,000 euros of contributions deducted from his taxable income and 13,000 euros of capital gains. He wants to withdraw the full amount to finance the deposit on his first apartment, a three-room flat in Villeurbanne valued at 240,000 euros.
Here is the tax impact calculation:
- Tax on the 42,000 euros of deducted contributions: these 42,000 euros are added to his income for the year. With taxable income already at 52,000 euros, most of it falls in the 30% bracket, with some potentially reaching 41%. The additional tax is approximately 13,300 euros.
- PFU on the 13,000 euros of capital gains: 13,000 x 30% = 3,900 euros.
- Total tax liability: approximately 17,200 euros.
- Net amount received by Julien: 55,000 - 17,200 = approximately 37,800 euros.
Julien must therefore anticipate this tax charge, which will be settled on his tax return the following year. He will owe a significant additional tax payment. To limit the impact, Julien could consider withdrawing only part of his PER and taking out a larger mortgage to cover the difference.
Case 2: Disability of the holder, their children, their spouse or PACS partner
Withdrawal is authorized in cases of category 2 or 3 disability as defined by the Social Security system. The disability must be certified by the health insurance fund (CPAM). Category 2 corresponds to an inability to perform any professional activity, while category 3 adds the need for assistance from a third party for ordinary daily activities.
Persons covered:
- The PER holder
- Their spouse or PACS partner
- Their children
Supporting documents: CPAM notification certifying category 2 or 3 disability classification, disability card if applicable, and proof of identity.
Taxation: This case benefits from a full income tax exemption on the portion corresponding to contributions. Only capital gains are subject to social levies of 17.2%. This is the most favorable tax treatment among all early withdrawal cases (other than over-indebtedness). The legislator deliberately chose to lighten the tax burden in these situations of hardship, so that the saver can recover the maximum amount of their savings.
Case 3: Death of the spouse or PACS partner
The death of the married spouse or PACS partner allows the full withdrawal of the PER. Unmarried partners (concubins) are not covered by this withdrawal case, even if designated as the contract beneficiary. This distinction is important and can be an argument in favor of PACS or marriage for couples living together without a formal union.
Taxation: As with disability, contributions are exempt from income tax. Capital gains are subject only to social levies of 17.2%.
Supporting documents: Death certificate, proof of marriage (livret de famille) or PACS (court attestation), and proof of identity of the holder.
Time limit: There is no legal deadline for submitting the withdrawal request after the death. The holder can exercise this right at any time, including several years after the death, as long as they have not yet claimed their pension.
Case 4: Exhaustion of unemployment benefits
This case applies to holders who have exhausted their unemployment benefit entitlement (ARE) following a dismissal. Persons who have never worked or who resigned (except for legitimate resignation recognized by France Travail) are not eligible.
Specific conditions:
- Having held an employment contract as a salaried employee
- Having been involuntarily deprived of employment (dismissal, negotiated departure)
- Having exhausted all ARE entitlements
- Not having found new salaried employment
- Not being registered as a jobseeker (as registration implies remaining entitlements)
For company officers and self-employed workers, the condition is different: they must provide proof of a judicial liquidation order (see case 5) or cessation of self-employed activity.
Supporting documents: Certificate from France Travail (formerly Pole emploi) confirming exhaustion of ARE entitlements, or proof of cessation of self-employed activity.
Taxation: Income tax exemption on contributions. Social levies of 17.2% on capital gains only.
Case 5: Judicial liquidation
Self-employed workers (artisans, traders, liberal professions) and company officers can withdraw their PER in the event of cessation of self-employed activity following a judicial liquidation order, in accordance with the provisions of the Code de commerce (articles L.640-1 and following).
Conditions:
- Carrying out a self-employed activity
- Being subject to a judicial liquidation order (judicial restructuring is not sufficient)
- The order must be final (not subject to appeal)
Important note: The PER withdrawn in this context is in principle seizable by creditors if the order provides for it. However, in practice, judicial liquidation targets professional assets, and the PER, as a personal savings product, benefits from a degree of protection according to case law.
Taxation: Same favorable treatment as other life accident cases: income tax exemption on contributions, social levies on capital gains only.
Case 6: Over-indebtedness
Withdrawal is possible when the holder's over-indebtedness situation is certified by the consumer over-indebtedness commission (Banque de France). In this case, the commission president (or their delegate) contacts the PER manager to request the withdrawal.
Specificity: The holder cannot request the withdrawal themselves. The over-indebtedness commission makes the request directly to the PER manager. The withdrawn funds are used to repay the holder's debts as part of the recovery plan established by the commission.
Taxation: Full exemption from income tax and social levies. This is the only withdrawal case that benefits from a complete exemption, including on capital gains. The legislator considered that taxing sums intended to repay debts would be contrary to the purpose of the over-indebtedness procedure.
Comparative table of early withdrawal taxation
| Withdrawal case | Income tax on deducted contributions | Tax on capital gains |
|---|---|---|
| Primary residence | Progressive scale (11 to 45%) | PFU 30% |
| Disability (cat. 2/3) | Exempt | Social levies 17.2% |
| Death of spouse/PACS partner | Exempt | Social levies 17.2% |
| Exhaustion of unemployment benefits | Exempt | Social levies 17.2% |
| Judicial liquidation | Exempt | Social levies 17.2% |
| Over-indebtedness | Exempt | Exempt |
The case of contributions not deducted at entry
If you chose not to deduct your contributions from your taxable income (an option available at the time of each contribution), the taxation on early withdrawal is lighter:
- Primary residence: Contributions are withdrawn free of income tax (since they were not deducted). Only capital gains are subject to the PFU of 30%.
- Life accidents (disability, death, unemployment, liquidation): Contributions exempt, capital gains subject to social levies of 17.2% only.
- Over-indebtedness: Full exemption.
This treatment is significantly more favorable and can be an argument for choosing not to deduct at entry when the saver's marginal tax rate is low (0% or 11% bracket).
The early withdrawal procedure
Documents to provide
Each withdrawal case requires specific supporting documents. As a general rule, you must provide:
- A withdrawal request form (supplied by the PER manager)
- A valid proof of identity
- A bank account number (RIB) in the holder's name
- The supporting document corresponding to the withdrawal reason:
- Primary residence: preliminary sale agreement or notarial deed, sworn statement that the property constitutes the primary residence
- Disability: CPAM notification, disability card
- Death: death certificate, livret de famille or PACS attestation
- Unemployment: France Travail certificate of exhaustion of entitlements
- Judicial liquidation: copy of the liquidation order
- Over-indebtedness: the commission contacts the manager directly
Processing times by contract type
The PER manager has a regulatory deadline to process your request. In practice, timelines vary considerably depending on the provider:
- Online contracts (Linxea Spirit PER, PER Placement-direct, PER Yomoni): 10 to 20 business days on average. Digitized processes speed up processing.
- Traditional bank contracts: 3 to 6 weeks. More internal validation steps are involved.
- Employee savings contracts (PERECO): 2 to 4 weeks. The account keeper must verify eligibility with the employer.
The funds are then transferred to your bank account. Factor in these timelines when planning, especially for a property purchase where signing dates are constrained.
Potential fees
Some PER contracts include early withdrawal fees. Check the general conditions of your contract. The PACTE law has nonetheless regulated these fees: they cannot be prohibitive and must be clearly stated in the contractual documentation. The best contracts on the market, such as Linxea Spirit PER or PER Placement-direct, charge no withdrawal fees, which is a notable advantage.
Example of disability withdrawal
Consider the case of Nathalie, 48, an accountant in a firm. Diagnosed with a disabling condition, she is classified as category 2 disabled by the CPAM. Her PER (held with Linxea Spirit PER) contains 62,000 euros: 48,000 euros of deducted contributions and 14,000 euros of capital gains.
Nathalie withdraws the full amount from her PER:
- Income tax on the 48,000 euros of deducted contributions: 0 euros (disability exemption)
- Social levies on the 14,000 euros of capital gains: 14,000 x 17.2% = 2,408 euros
- Net amount received: 62,000 - 2,408 = 59,592 euros
Comparison: if Nathalie had withdrawn for a primary residence purchase with a 30% TMI, she would have paid approximately 48,000 x 30% = 14,400 euros in income tax + 14,000 x 30% = 4,200 euros in PFU, totalling 18,600 euros in levies. The difference is considerable: 16,192 euros less in tax thanks to the life accident regime.
Common mistakes to avoid
Confusing withdrawal categories
Withdrawal for a primary residence does not offer the same tax exemption as other cases. Make sure you correctly identify your situation to anticipate the tax impact. Additionally, some savers attempt to disguise a secondary residence purchase as a primary residence: the tax authorities have means of verification (tax address, energy consumption, etc.) and the risk of reassessment is real.
Forgetting to declare withdrawn amounts
Even when exempt from income tax, withdrawn amounts must be declared on your income tax return (specific boxes on form 2042). The exemption will be applied automatically, but failure to declare can trigger a tax audit. The PER manager sends a tax summary (IFU -- imprime fiscal unique) to the authorities, who check consistency with your declaration.
Withdrawing without evaluating alternatives
Before withdrawing from your PER, assess whether other solutions exist: bank loan, life insurance surrender (more tax-efficient in some cases, especially after 8 years of holding), mobilization of precautionary savings on a Livret A or LDDS, or a loan against a life insurance policy. PER withdrawal should remain a last resort, except for primary residence purchases which constitute a strategic wealth management choice.
Not optimizing the tax timing
If you can choose the timing of your withdrawal, favor a year when your income is lower (sabbatical year, start of self-employment, career transition). A 40,000 euro withdrawal for a primary residence will have a very different tax impact depending on whether your TMI is 11% or 30%.
Withdrawing partially without a strategy
It is possible to withdraw only part of your PER. This option is often relevant to limit the tax impact. For example, withdrawing 30,000 euros from a 60,000 euro PER allows you to stay in a lower tax bracket, while supplementing the financing of your project with a loan or another savings source.
Which PER to choose for easier early withdrawal?
Not all PER contracts are equal when it comes to early withdrawal. The criteria to watch are withdrawal fees, processing speed, and customer service quality. Here is a comparison of the main contracts:
| Criterion | Linxea Spirit PER | PER Placement-direct | PER Yomoni |
|---|---|---|---|
| Withdrawal fees | 0% | 0% | 0% |
| Average processing time | 10-15 days | 15-20 days | 10-15 days |
| Online request | Yes | Yes | Yes |
| Unit-linked management fees | 0.50%/year | 0.50%/year | 1.60%/year (all-in) |
| Partial withdrawal possible | Yes | Yes | Yes |
Reflection period: no rush
Contrary to what one might think, there is no legal urgency to withdraw your PER once the qualifying event has occurred. If your spouse passes away, you can wait several months or years before requesting the withdrawal. Similarly, for a primary residence purchase, the withdrawal can take place before the signing of the notarial deed (at the preliminary agreement stage) or even afterward, to repay a bridging loan. Take the time to analyze the tax impact and choose the best moment.
Frequently asked questions about early withdrawal
Can I withdraw from a company PER (PERECO) for a primary residence?
Yes, compartment 2 (employee savings) is eligible for primary residence withdrawal. Only compartment 3 (mandatory contributions) is excluded. Profit-sharing, participation, and employer matching invested in the PERECO can be withdrawn to purchase your primary residence.
Is withdrawal possible to repay an existing mortgage?
Yes, the primary residence withdrawal includes early repayment of a mortgage on the primary residence. You will need to provide the amortization schedule and a proof of address confirming that it is indeed your primary residence.
Can an adult child withdraw from their parents' PER?
No, withdrawal is reserved for the PER holder. However, disability of one of the holder's children constitutes a withdrawal ground for the parent who holds the PER.
Does early withdrawal close the PER?
If you withdraw the entire capital, the PER is closed. If you make a partial withdrawal, the PER remains open and you can continue making contributions.
Conclusion
The six early PER withdrawal cases constitute a valuable safety net, allowing access to savings in the event of hardship or a property project. The taxation is generally very favorable for life accidents (income tax exemption on contributions), but be cautious with the primary residence withdrawal which follows standard taxation rules and can generate a substantial tax bill. Always anticipate the tax impact before initiating the procedure, compare the available wealth management alternatives, and choose a PER contract that facilitates withdrawal operations with zero fees and reasonable timelines. Finally, always remember to declare withdrawn amounts on your income tax return, even when they are exempt.
