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Understand the donation

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How is a donation taxed?

A donation is an act by which a person, the donor, voluntarily and irrevocably transfers ownership of something, free of charge, to another person, the donee (Civil Code, Art. 894).

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A question ? Need help ?

I am considering donating the bare ownership (nue-propriété) of a real estate property to my child while retaining the usufruct. On what basis will the notary’s fees (emoluments) be calculated?

The notary’s fees are calculated based on the full ownership value of the property, even if you retain the usufruct. This is provided for under Article A444-67 of the French Commercial Code.
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My uncle owns and occupies a house. He plans to give it to me. Insofar as he will continue to live there, can I benefit from a discount on the value to be declared to calculate the gift duties?

No. Donation duties are calculated based on the real market value of the donated property, that is to say, on the price that could be obtained if it were put up for sale, according to the detailed and estimated declaration that you will have made (art. 761, al. 1 CGI)…
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My grandfather gave me a piece of land. The deed of gift contains an inalienability clause valid until his death. I need to borrow money from a bank. Can the latter register a mortgage on my land?

Yes . If the inalienability clause has the effect of prohibiting you from selling or giving away the property you have received, it is always possible for your creditors to take out a mortgage registration on the property given (Civ. 1e, Oct. 9, 1985, n°84-13.306 concerning a judicial mortgage and…
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I wish to bequeath a sum of money to my grandson. Will he benefit from the €31,865 tax allowance?

No. The €31,865 allowance applies only to gifts made during the donor’s lifetime by grandparents to their grandchildren, as provided under Article 790 B, paragraph 1 of the French General Tax Code. In the context of inheritance, your grandson will only benefit from a €1,594 allowance, which is the standard…
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