Giving away property in France

France – Côte d’Azur – Corsica

In addition to inheritance, a property can also be given away before death or with it. The former usually offers the advantage that inheritance tax can be avoided. A gift is also a good option, as it offers greater freedom due to the conclusion of the contract.

What you need to know about giving real estate as a gift

What must a gift agreement contain?

A gift agreement must include both the donor and the beneficiary. In addition, the object of the gift must be named precisely. If these minimum requirements are not met by the contract, the general statutory regulations on gifts apply. The parties can make the following agreements:

  • A right of revocation
  • Certain conditions
  • Conditions

 

What are the tax obligations?

French gift tax uses a progressive system linked to the value of the net assets transferred. This means that only the value of the gift received is taken into account, not the donor’s total assets.

Taxation is as follows:

  • Up to € 8,072 = 5 %
  • € 8,072 – € 12,109 = 10 %
  • € 12,109 – € 15,932 = 15 %
  • € 15,932 to € 552,324 = 20 %
  • € 552,325 to € 902,838 = 30 %
  • € 902,838 to € 1,805,677 = 40 %
  • From € 1,805,677 = 45 %

 

Can German gift tax also be payable on a gift in France?

If the donor or the donee is resident in Germany, German gift tax is generally also payable. Double taxation can be avoided in whole or in part by offsetting the French gift tax against the German gift tax.

 

Att. Prof. (GTU / Georgien)
Dr. phil. Stephan J. Lang
Your specialist for inheritance law

Tel.: +49 (0)172 / 923 1838

When buying or selling a property in France, there are a number of legal and administrative hurdles that need to be overcome. We can help you.

Overview of real estate topics

Your specialist for inheritance law

Erfahrungen & Bewertungen zu Dr. Lang & Kollegen

Dr. Stephan Lang

Att. Prof. (GTU / Georgien) Dr. phil. Stephan J. Lang

  • Lawyer and specialist lawyer for inheritance law
  • Certified executor (AGT) and mediator
  • Visiting professor at the GTU /Tbilisi/Georgia (2013 – 2019)
  • Member of the Franco-German Lawyers' Association
  • Office location: Munich
  • Area: Paris
  • Tel.: +49 (0)172 / 923 1838

Do you still have questions about giving away property in France?
Write to us…

Data protection overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.