Frequently asked questions about Donation

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I asked my notary for the cost of a donation deed concerning a real estate property. The amount he quoted does not match the fee schedule I found in the French Commercial Code. Is this normal?

Yes. The French Commercial Code (Articles A444-53 et seq.) sets out the notary’s fees, known as emoluments, which represent the notary’s remuneration. However, the total cost of a donation deed includes several other components: Registration duties (droits d’enregistrement) payable to the tax authorities; Value Added Tax (VAT) applicable to certain…
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Following an argument with my daughter about the choice of her studies, I want to cancel the donation I gave her 5 years ago. Is it possible?

No . Indeed, when you donate, it is irrevocable. The donated property enters the patrimony of the donee (the one who receives the property) and you cannot recover it. However, there are legal exceptions to this irrevocability (article 953 of the Civil Code): when the donee has not fulfilled the…
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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 uncle gave me bare ownership of an apartment and kept the usufruct. Does the furniture (table, chairs, etc.) automatically follow the same fate?

No. It all depends on your deed of gift. If it was expressly stipulated that the gift concerned the property and the furniture, then you are the owner of the furniture. Conversely, if your uncle only gave you bare ownership of the property, he retained ownership of the furniture.
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I am going to give the bare ownership of my house to my son. Do I need to have a technical diagnostic report prepared before going to the notary?

In principle, no. The technical diagnostic report is mandatory when real property is sold (Art. L.271-4 of the French Construction and Housing Code). Nevertheless, so that your son has all the relevant information and can consent to the gift with full knowledge of the facts, it may be useful to…
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