Gift tax - Taxable property and principal exemptions

Verified 07 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Did you receive money or property by donation? You have to pay gift tax on what you received. Exemptions exist, depending either on the type of property donated (money, real estate, etc.) or on the recipient of the donation (family donations, victims of terrorist acts). The rules vary depending on the donor is resident in France or abroad. We'll tell you what you need to know.

In France

If the donor is domiciled in France, you must to pay gift tax on all goods received, whether located in France or abroad.

However, special rules apply for certain goods under strict conditions.

You have to pay tax on donations of money you receive.

The intervention of a notary is not mandatory for manual donations and family donations of money.

However, if you receive money for a particular occasion (birthday, wedding, birth, passing an exam, etc.), you don't have to pay anything. This is a customary gift.

But the amount offered must be reasonable, that is, proportionate to the income of the person offering it.

Moreover, some gifts of money are exempt from payment of gift tax, subject to conditions:

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Family donations

The donor must have under 80 on the day of transmission.

To be recipient of the gift, you must to be of age (or emancipated) and be one of the following:

  • Child of the donor
  • Grandchild of the donor
  • Donor's great-grandchild
  • Nephew or niece if the donor has no descendants
  • Grandnephew or grandniece in case of death of nephew and niece.

Only children of the donor's siblings are considered nephews or nieces.

You can receive up to €31,865 without having to pay any fees.

This exemption ceiling applies to donations made by the same donor to the same beneficiary.

Exemption is renewable every 15 years.

Example :

An aunt donated €31,865 to his nephew on 7 november 2015.

She will again be able to give him a sum of money without fees to pay (within the limit of a donation of €31,865) from 7 November 2030.

Donation may be made in one of the following ways:

  • Deed notarized
  • Written between donor and recipient (written by donor)
  • Manual donation (i.e. direct delivery of money, without any special formality).

The exemption applies only to gifts of money made by one of the following means:

  • Check
  • Transfer
  • Cash.

As the recipient of the gift, you must declare the gift within a period of 1 month from the date of donation.

You can to declare the donation from your space online :

Taxes: access your Special Space

The application of exemptions and deductionsand the calculation of entitlements are automatic.

For notarial acts, the notary is responsible for the registration formalities.

Donations to victims of terrorist acts

Exemption applies to any person victim of an act of terrorismor in the event of the death of the person concerned.

It is exempt from donation tax on gifts received in cash, including through online collection.

Relatives of the victim include the following:

  • Person who lived as a couple with her
  • Dependants (minor or infirm child, disabled person)
  • Offspring
  • Ascendants.

The exemption applies to gifts received in the year which follows the act of terrorism or the death of the victim.

However, no time limit shall be required in the case of donations made by a foundation, an association recognized as being in the public interest or an organization of general interest.

Donations to law enforcement personnel injured in operations or on duty

The exemption applies to military, police, gendarmes, firefighters or customs officers injured in the course of operations or in the course of their duties.

They are exempt from donation tax on donations received in cash, including through online collection.

In the event of death, their relatives shall benefit from the exemption under the same conditions.

The exemption also applies to relatives of soldiers "dead for France" or "dead for the service of the nation".

Relatives of the deceased are:

  • No one who lived with him as a couple
  • Dependants (minor or infirm child, disabled person)
  • Offspring
  • Ascendants.

The exemption applies to gifts received in the year depending on the injury, or in other situations, death.

However, no time limit shall be required in the case of donations made by a foundation, an association recognized as being in the public interest or an organization of general interest.

You must declare and pay duties based on the estimated value of the property that you receive.

The estimated value of jewelry, gems, works of art or collectors' items must correspond to at least 60% of that declared, where appropriate, in a contract of insurance against theft or fire.

Please note

If the property is subject to a auction within 2 years after the donation, the (net) sale price will replace your estimate.

If you receive a high-value good artistic or historical, you are exempt from duties if you do so gift to the State, with its approval.

These are the following goods, subject to certain conditions:

  • Work of art
  • Book or document
  • Collection object.

You must address your gift offer the tax department responsible for the donation declaration.

FYI  

You can choose to keep the use of the given property for your lifetime. You can also provide for a reversal in case of death, so that your spouse or partner keeps the use.

Gifts of real estate require the intervention of a notary and one authentic instrument.

If they wish, the donor can only give you the bare-ownership of good and to retain the usufruct.

On the death of the donor, you will recover the entire property, without having to pay any additional fees.

The passed-in nue-property value is calculated according to a tax schedule which depends on the age of the person making the donation.

Example :

If the donor is 68 years of age or older, bare ownership represents 60% the value of the property.

Special rules also apply for certain types of goods, in particular in the following cases:

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Historical monument

If the building is classified or entered in the supplementary inventory of historical monuments, the donation is exempt under certain conditions.

Please note

The exemption also applies to movable property which are the historical or artistic complement of the building (furniture, works of art, etc.).

Rental housing acquired between August 1995 and December 1996

For 1re transfer of the property, the donation is partially exempted under certain conditions.

New dwelling acquired between June 1993 and December 1994 (or between August and December 1995)

For 1re transfer of the property, the donation is partially exempted under certain conditions.

Forestry or agricultural goods

The donation is partially exempted under certain conditions.

You are partially exempt rights on the donation of the following goods, under certain conditions :

Please note

Company donations to employees may also benefit from a partial exemption.

Abroad

Special rules apply to gift rights if the donor does not reside in France.

As the recipient of the donation, you also need to check your situation.

If you benefit from the donation, the tax rules vary according to your situation:

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You reside in France on the day of the donation

The rules depend on your situation:

You have resided in France for at least 6 years during the 10 years prior to the donation

You are subject to the payment of gift tax for donated goods, whether they are located in France and abroad.

You did not reside in France for at least 6 years during the 10 years before the donation

You are subject to the payment of gift tax for donated goods, only if located in France.

You do not reside in France on the day of the donation

You are subject to the payment of gift tax for donated goods, only if located in France.

FYI  

One international convention concluded between France and a foreigner country may lay down different rules. If necessary, also check with the tax authorities of the foreigner concerned.

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