Frequently asked questions about Donation

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My father is single, and we are 4 children. I want to buy a piece of land to give it to the latter. However, I do not wish to be in joint ownership with my brothers and sisters upon his death. I heard about the conventional return clause. What is it about

The return clause inserted in the deed of gift allows the donor to recover ownership of the donated property, either in the event that the beneficiary of the donation dies before him, or in the event of the predecease of the beneficiary and his descendants (art. 951 Civil Code). It…
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My father is going to lend me 10,000 euros. I signed him an acknowledgment of debt. Should it be declared to the taxes? What is the difference with the registration of the deed?

Yes , loan contracts for an amount greater than 5,000 euros must be declared (article 49B appendix 3 and article 23L appendix 4 of the CGI) to the tax authorities on form no. 2062. You must file this declaration at the same time as your next annual income tax return…
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I am a specific legatee of a man who died in 2018. In 2019, I requested delivery of the legacy from his widow, who did not respond. Can I still claim my legacy?

In principle, no. Case law generally limits actions for delivery of a legacy to a five-year period from the date of death (Art. 2224 Civil Code; Cass. 1st Civ., 21 June 2023, No. 21-20.396 FS-B).
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I am single and have no children. My niece wants to buy her own home and I would like to help her financially. What is the maximum amount I can give her without having to pay donation tax?

Theoretically speaking, nieces and nephews benefit from an allowance of 7967 euros on the value of donations received from their aunt or uncle (art. 779 V of the CGI). If you have no children of your own, your niece may also claim the 31865-euro allowance applicable to the donations. The…
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My parents wish to make a gift of real property to me, subject to the condition that I enroll in and am admitted to an engineering school. Do I have to pay gift tax when the deed is signed or when the condition is fulfilled?

When the deed is signed, only the fixed registration duty of €125 applicable to unspecified instruments (actes innommés) is payable, as the transfer has not yet taken place. Transfer duties become payable on the date the condition is fulfilled, and the taxable value is determined as at that date (Article…
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