My husband has passed away. In the inheritance tax return, the notary applies a 20% allowance to my late husband’s main residence, which I still occupy. Is this allowance mandatory?

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…
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My husband appointed me as legatee of the usufruct of his assets. He has had children from a previous marriage. Can I combine this legacy with my statutory right to 25% in full ownership?

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…
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My father is experiencing serious financial difficulties. We have been estranged for 20 years. Can he ask me for financial support?

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…
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I created a non-trading real estate company (SCI) with my son. I want to give him the bare ownership of my shares. Will I retain my status as a partner?

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…
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My married brother has just died without children or parents. Am I an heir?

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…
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I am simultaneously selling my principal residence and a garden as building land. Am I exempt from capital gains tax on the entire transaction?

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…
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I am cohabiting and I intend to buy out my partner’s share. I have been told about a preferential partition duty. Can I benefit from it?

No. Unlike partitions following legal separation, divorce or the dissolution of a civil partnership (PACS), cohabitation does not benefit from the preferential partition duty of 1.10% on the net assets divided. The applicable rate between cohabitants is 2.50%, or even 5.80% where balancing payments are made (Arts. 746 and 747…
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