Patrimonial right
Nowadays, the management and transmission of assets represent an important stake in the same way as the management of a company.
Individuals with significant assets are forced to make decisions that require a global reflection calling on areas representing private law and tax law.
Our tax law firm assists you in family transfers of heritage companies or private transfers, but also for their reorganization.
He also intervenes for the modification or adjustment of matrimonial regimes (study, management of regime changes, protection of the surviving spouse) organization of the succession of a deceased (advice on inheritance tax, drafting of the will, drafting of inheritances, assistance in the context of control and litigation).
Our tax law firm can offer assistance during the preparation of inheritances and inter vivos transfers in an internal or international context.
With regard to international donations and successions, in practice it will be necessary to analyze the rules of territoriality in matters of free transfer rights (inheritance or donations) which are traditionally defined according to the residence of the deceased or donor and the place of situation of goods, in France or outside France.
Since 1999, they also depend on the residence of the heir or donee, which leads to distinguish three hypotheses, subject to international tax treaties:
1) Deceased or donor resident in France: all property is taxable, whether located in France or outside France (CGI art. 750 ter, 1 °).
2) Deceased or donor not resident in France:
- if the heir or the donee is not a resident of France, only French property is taxable (CGI art. 750 ter, 2 °);
- if the heir or the donee is resident in France, foreign property is taxable like French property, except in the event of domiciliation in France of less than six years during the last ten years (CGI art. 750 ter, 3 ° ).
Subject to tax treaties, the determination of the residence of natural persons is carried out in relation to the same criteria as for the establishment of income tax (CGI art. 4 B).
However, two characteristics relating to the international taxation of free transfer rights should be taken into account:
- the existence of a mechanism for eliminating double taxation in domestic law, provided for by article 784 A of the CGI; Unlike the rules applicable to income tax, the law provides, in fact, for the possibility of deducting taxes paid abroad from duties due in France under certain conditions;
- the low number of international tax treaties.
Finally, your tax lawyer advises his clients in the organization and management of assets (structuring and monitoring) and for the implementation of strategies to optimize income from assets.
He also advises his clients on issues related to life insurance contracts.