French Business Law - French Legislation

Article 761 of the French General Tax Code

November 7, 2023

For the purpose of calculating the duties on gratuitous transfers, the properties, whatever their nature, are estimated according to their real market value on the date of the transfer, according to the detailed and estimated declaration of the parties, without distraction of charges, except, as regards the latter, what is stated in articles 767 et seq. For properties that the owner has the use of on the date of the…

Article 762 bis of the French General Tax Code

November 7, 2023

For the purposes of calculating gratuitous transfer duties, the value of the rights of habitation and use is 60% of the value of the usufruct determined in accordance with I of Article 669.

Article 763 of the French General Tax Code

November 7, 2023

Where the transfer relates solely to bare ownership or usufruct, deeds and declarations relating to gratuitous transfers must disclose the date and place of birth of the usufructuary; and, if the birth occurred outside France, this date must, in addition, be proven before registration. Failing this, the highest duties that may be due to the Treasury shall be levied, except, as stated in article 1965 C, restitution of the overpayment…

Article 763 bis of the French General Tax Code

November 7, 2023

The right of return provided for in Article 738-2 of the Civil Code does not give rise to the levying of transfer duties free of charge.

Article 764 of the French General Tax Code

November 7, 2023

I. – For the liquidation of transfer duties on death, the value of the ownership of movable property is determined, in the absence of proof to the contrary: 1° By the price expressed in the deeds of sale, where such sale takes place publicly within two years of the death; 2° In the absence of deeds of sale, by the estimate contained in the inventories, if drawn up in the…

Article 764 A of the French General Tax Code

November 7, 2023

In the event of the death: a. – of the manager of a limited liability company or an unlisted partnership limited by shares, b. – of one of the partners in name of a partnership, c. – of one of the persons who assume the general management of an unlisted company limited by shares, d. – the operator of a business or a customer base, e. – the holder of…

Article 764 bis of the French General Tax Code

November 7, 2023

Notwithstanding the provisions of the second paragraph of l’article 761, an allowance of 20% is made on the real market value of the property constituting the main residence of the deceased on the day of death when, on the same date, this property is also occupied as a main residence by the surviving spouse, by the partner linked to the deceased by a civil solidarity pact or by one or…

Article 766 of the French General Tax Code

November 7, 2023

The basis of assessment for transfer duties on death relating to securities, sums, values or assets of any kind which have been made unavailable outside France as a result of measures taken by a foreign government, shall be laid down by decree (1). The provisions of this article shall apply to successions opened and not declared before the publication of law no. 63-254 of 15 March 1963.

Article 766 bis of the French General Tax Code

November 7, 2023

For the liquidation of transfer duties on death, the assets or rights transferred into a trust estate or those that may have been acquired in reinvestment, as well as the fruits derived from the exploitation of these assets or rights, which revert ipso jure to the settlor’s estate, are included in the settlor’s estate for their net market value on the date of death.

Article 767 of the French General Tax Code

November 7, 2023

Where the heirs or universal legatees are burdened with particular legacies of sums of money not existing in the succession and they have paid the duty on all the assets of this same succession, the same duty is not due for these legacies; consequently, the duties already paid by the particular legatees must be deducted from those due by the heirs or universal legatees.

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Section II: Tariffs and their application

Article 761 of the French General Tax Code

Article 762 bis of the French General Tax Code

Article 763 of the French General Tax Code

Article 763 bis of the French General Tax Code

Article 764 of the French General Tax Code

Article 764 A of the French General Tax Code

Article 764 bis of the French General Tax Code

Article 766 of the French General Tax Code

Article 766 bis of the French General Tax Code

Article 767 of the French General Tax Code

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Section II: Tariffs and their application

Contact a French lawyer now

Contact a French Business Lawyer

Do you need French-law advice? Contact our Lawyers in France.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

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