Donations in the family: What are my rights?
In this period that lasts a health crisis, the desire to give money, gifts, to make donations is perhaps even stronger than usual.Christmas is a very designated period for this.But what can we really offer?The details of Aurélie Petitbon, expert in heritage law within the group SVP.
Franceinfo: What can I give to my children and my grandchildren without them having to pay rights?
Aurélie Petitbon: you can give what you want, money, jewelry, tables, actions or shares.Each parent can give up to 100.000 euros to his children, without there being any right of donation to pay by them.
So a couple can transmit up to 200.000 euros to her children.This reduction can be applied in one go, or in several times, every 15 years.For grandchildren, the reduction is 31.865 euros and for the rear-small children 5.310 euros.
And to nephews and nieces?And to minor children?
There is a specific exemption for family donations.There are several conditions listed in article 790g of the general tax code.The donor must be under the age of 80, on the day of transmission, and the beneficiary must be major.
The donations of money must be made in full ownership, that is to say that one cannot give in dismemberment.So for my nephew, I could only give if it is major, and failing that, direct line descendants.
If these conditions are not met, the exemption will not be able to apply and we will return to the general abatement which is 7.967 euros to be exempt from rights.
And beyond ?
The amount is taxed up to 55%.
How do we give it to give?
For those who receive the donation, you must make a tax declaration.It is necessary to deposit a double copy cerfa, in the tax center of its place of residence, within one month, from the day of the transmission of the property.The parties can also write an assistant pact, which will give a certain date to the donation, and which will freeze the age from which the beneficiary can receive the funds.
Can I give a property?
Yes, but necessarily before a notary, under penalty of nullity.It is he who will take care of tax declarations and who will make you pay all this with his emoluments.
What is the importance of this age of 80?
We are talking about this barrier age, but we can give at any age.But to benefit from the exemption from family donations, the donor must be under 80 years old.All information on donations can be found on the tax site.gouv.fr in the section Manage my heritage to "I make a donation".
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