In France, blood ties are sacred. Children therefore enjoy preferential treatment from the tax authorities: an allowance of 100,000 euros on assets bequeathed by each parent and, during their lifetime, up to 263,730 euros in donations, all 15 years, without any tax. As for the children of the partner (spouse, PACS or cohabitant), they are not entitled to anything since they are not heirs of the deceased. Devices such as the “conjunctive” donation-partage and life insurance nevertheless allow a head of family to forget no one, while minimizing the fees to be paid.
single donation
The amount of tax relief granted is renewable every 15 years. Nothing prevents a parent from making a gift to their child during their lifetime. But for the operation to be exempt from taxes, the amount of the donation must not exceed 100,000 euros. Each child can thus receive 100,000 euros from one parent and 100,000 euros from the other parent, all without paying taxes. The operation is renewable every 15 years. That said, several types of simple donations coexist. There is the donation “in advance of the inheritance”, allocated to help a child on an ad hoc basis but sufficiently large (purchase of a studio for example) so that, out of concern for fairness vis-à-vis the other heirs, it comes as a deduction from his future share of inheritance.
There is also the gift “outside the estate”, which, conversely, is granted to the child in addition to his or her share of the estate. It is therefore authorized only if its amount does not exceed the “disposable quota” of the donor, in other words the part of his assets which he can dispose of freely. The only difficulty, especially if the donation concerns a good and not a sum of money, is to estimate its value, because, between the day when the donation took place and the day when the succession is opened, appreciations or impairments in value may appear.
Last type of existing donation, the “present of use”. It has no tax or estate implications. No taxes to pay, no equity to be respected between direct descendants, under two conditions however: the donation must be linked to an exceptional event (birthday, wedding, passing an exam, etc.) and not be disproportionate to the standard of living of the donor, that is to say, according to the most recent case law, not to exceed each year 2% of the total value of his heritage.
Family donation
Money given excluding tax if the parent is under 80 and the child is an adult. The exempt donation of 100,000 euros granted to a child can sometimes be supplemented by a “family gift of money” of 31,865 euros, also without any tax. It is sufficient for this that the parent is under 80 years old on the date of the donation and that the child is at least 18 years old. The second parent can do the same, under the same conditions. In return for this, by combining classic donations of 100,000 euros per parent and family donations of money (which can be made in cash, by check or by transfer), each child can thus receive up to 263,730 euros, every 15 years, without any fees to be paid.
