Yes. In the absence of a tax treaty between France and Portugal governing inheritance taxation, the French tax authorities will tax all assets located in France and abroad (Art. 750 ter 3° CGI). However, inheritance taxes paid abroad may be credited against the tax due in France (Art. 784 A…
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).
Yes. Article 764 bis of the French Tax Code provides for a mandatory 20% allowance on the fair market value of the property that constituted the deceased’s principal residence at the date of death, provided that, on that same date, the property was also occupied as a principal residence by…
No. Either the value of your legacy is lower than your statutory rights (Articles 757 and 757-1 of the Civil Code), in which case you may claim a supplement, or it exceeds them, in which case you may retain your legacy within the limits of the special disposable portion between…
Yes. Article 205 of the Civil Code provides for a maintenance obligation towards parents or other ascendants who are in need. However, Article 207 of the Civil Code provides an exception: the judge may relieve the debtor of this obligation if the creditor has seriously failed in their own obligations…
No. Case law holds that “the usufructuary of company shares cannot be recognized as having partner status, which belongs exclusively to the bare owner” (see Cass. Com., advisory opinion, 1 Dec. 2021; Cass. 3rd Civ., 16 Feb. 2022, No. 20-15.164). Moreover, an SCI must have at least two partners (Art…
No. In the absence of descendants and parents of the deceased, the surviving spouse inherits the entire estate (Art. 757-2 Civil Code). By exception, if your brother owned real estate received from your parents and still forming part of his estate, you may, under certain conditions, be entitled to half…
Yes. Where a co-owner holds more than half of the common areas, the number of votes allocated to that co-owner is reduced to the total number of votes held by the other co-owners (Art. 22 I, Law No. 65-557 of 10 July 1965). Reminder: Each co-owner’s voting rights correspond to…
No. The law provides that “where land constituting a dependency of the principal residence is sold as building land, the exemption [from capital gains tax] does not apply” (BOI-RFPI-PVI-10-40-10, § 340). Reminder: Capital gains tax is calculated on the difference between the acquisition price and the sale price of real…