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Article 790 H of the French General Tax Code

Gifts inter vivos, made in full ownership and evidenced by a notarised deed signed between 1 January and 31 December 2015, of building land defined in 1° of 2 of I of Article 257 are exempt from free transfer duties, up to the declared value of these assets, where the deed of gift contains an undertaking by the donee, made on behalf of himself and his successors in title, to…

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Article 790 I of the French General Tax Code

Freehold inter vivos gifts of new residential property for which planning permission has been obtained between 1 September 2014 and 31 December 2016, evidenced by a notarised deed signed no later than three years after the planning permission is obtained, are exempt from free transfer tax, up to the declared value of the property, up to a maximum of: 1° €100,000, when they are granted in favour of a descendant…

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Article 791 of the French General Tax Code

The rate of land registration tax is reduced to 0.60% for inter vivos transfers free of charge. The value to be used for the tax base may not be less, where applicable, than that used as the basis for the assessment of registration duties in accordance with the provisions of this code.

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Article 791 ter of the French General Tax Code

In the event of a direct-line gift of property previously transferred to a first direct-line donee and returned to the donor pursuant to articles 738-2, 951 and 952 of the Civil Code, the duties paid on the first donation are deducted from the duties due on the second donation. The new donation must be made within five years of the return of the property to the donor’s estate. Notwithstanding the…

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Article 792-0 bis of the French General Tax Code

I. – 1. For the purposes of this Code, “trust” means all legal relationships created in the law of a State other than France by a person who has the status of settlor, by inter vivos deed or mortis causa, with a view to placing assets or rights therein, under the control of an administrator, in the interest of one or more beneficiaries or for the achievement of a specific…

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Article 792 bis of the French General Tax Code

When a transfer is recorded with a liberal intention of assets or rights that are the subject of a trust contract or of the fruits derived from the exploitation of these assets or rights, the transfer duties for no consideration apply to the value of the assets, rights or fruits thus transferred, assessed on the date of this transfer. They are calculated in accordance with the rate applicable between non-relatives…

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Article 793 of the French General Tax Code

Sont exonérés des droits de mutation à titre gratuit : 1.1° (Expired); 2° (Repealed); 3° interest shares held in a forestry group up to three-quarters of the fraction of the net value corresponding to the assets referred to in a below and sums deposited in a forestry investment and insurance account provided for in Chapter II of Title V of Book III of the Forestry Code, provided: a. that the…

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Article 793 bis of the French General Tax Code

The partial exemption provided for in 4° of 1 and 3° of 2 of article 793 is subject to the condition that the property remains the property of the donee, heir and legatee for five years from the date of the gratuitous transfer. Where this condition is not met, the duties are recalled, increased by the late payment interest referred to in Article 1727. When the total value of the…

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Article 793 ter of the French General Tax Code

The exemption provided for in 4°, 5° and 6° of 2 of article 793 is capped at €46,000 per share received by each of the donees, heirs or legatees. For the purposes of assessing this €46,000 limit, account is taken of all gratuitous transfers made by the same person.

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