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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 ?

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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I would like to make a donation-partage to my children with my apartment. Is it possible?

No. The operation would consist of giving each an undivided share of the property. However, the situation of joint ownership is incompatible with the donation-partage which requires that the donor distributes his property between the beneficiaries (art. 1075 C. civ. and Cass. Civ. 1e, 20 Nov. 2013, n°12-25.681).
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I plan to have a mandate for future protection drawn up by my notary. Is it true that this warrant cannot be challenged once activated?

No. The future protection mandate allows you to designate in advance one or more people to represent you, in the event that you or you are no longer able to provide for your interests alone. However, the law provides for cases of termination of the mandate (article 483 of the…
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I gave my children a second home through bare ownership and retained the usufruct. It’s now too costly. Can I give up my usufruct?

Yes. You can renounce or transfer it via donation or sale, which must be notarized and registered. However, renunciation may be requalified as a donation if it involves intention to give, personal loss, and recipient’s gain (Article 894 of the Civil Code).
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