We live in a world that has become complex and unpredictable, with legal and tax systems continuously changing to meet the demands of European institutions. With Brexit ahead, French and European law will evolve and the legislation in place will have to be detailed to comprehend the implications for our clients.
Property acquisition is a crucial decision in a lifetime, whether it will consist of your principle or secondary residence. With the recent reform of contract law in February 2016 that came into force on 1st October 2016, the vision of property contracts (Promesses, compromis) has changed and our team of professional lawyer will guide you before you commit. Real estate investment requires technical expertise from professionals, FranceTaxLaw will assist you during each stage of the process:
1- Search for real estate:
Whether you wish to make an offer with a Notaire, estate agent, or directly to the vendor, we will draft or review the presented proposal to ensure that you are legally protected.
2- Signing of the initial contract :
Signing the initial contract in a property transaction can be compared to exchanging in England and is the most important step in the process.
Depending on the nature of the contract, you may be bound to purchase the property under conditions. We will review with you the contract (compromis de vente, promesse unilaterale de vente, promesse unilaterale d'achat), prepare a comprehensive report, and liaise with the relevant parties until you agree the terms and conditions of the purchase.
3- Deciding the structure of ownership for your investment:
Do I invest directly or via a company? Which form of company to choose: SCI, SARL, UK Ltd? In the case of a company structure, what type of taxation would be preferred: income tax or corporate tax? Our team can provide advice and guidance according to your situation and assist you making a well-informed decision.
Completion will take place at the Notaire’s office once all the preliminary formalities have been carried out and suspensive conditions fulfilled. We will organise completion with you, whether you can be present or wish to sign by power of attorney. We will review the draft deed (projet d'acte), advise you of any pitfalls, and guide you until you take possession of the property .
We will review the draft deed, advise you of any pitfalls, and guide you until you take possession of the property.
1- Estate & tax planning
Our work is to assess your current situation regarding your assets, whether located in your home country or abroad, discuss the synthesis of your project and prepare a list of actions to implement. We will propose solutions adapted to your situation and give you sufficient information to allow you to organise your succession and prepare for your future.
Depending on the importance of your estate, you may consider the preparation of French Wills (testaments), a gift to your children or members of your family (donation entre vifs) or the distribution of your assets with your relatives (donation-partage). We have a thorough understanding and knowledge in this aspect to offer professional assistance in each step of your estate planning.
Following a death and regardless of the family situation (surviving spouse, children from one or more unions), the question of the transmission of the deceased's estate arises and raises several issues.
In addition to the question of the designation of the heirs who are to intervene in the succession (whether heirs are designated by law or heirs nominated by the deceased under a will for example) the question is also raised to determine the share of each in this succession.
We can offer a service to assist you with the settlement of the estate, questions of cross border jurisdictions, the preparation of legal and tax documentation for French authorities and liaison with French Notaires.
3- Family law:
Family law encompasses the different steps of your life from marriage to divorce, children and adults incapacity and anticipating your own protection and those of your assets. In the last 20 years, European institutions have tried to put in place tools to respond to the freedom of movement across Europe, and the increase in international marriages, divorce, succession:
- Hague convention of 14th March 1978 regulating change of marital regimes, applicable in France, Luxembourg and Holland
- Hague convention of 19th October 1996 regarding Parental Responsibility and Measures for the Protection of Children
- Hague convention of 13th January 2000 regarding protection of vulnerable adults
- The regulations Brussels II bis of 27th November 2003 regarding conflict of law especially related to divorce and child custody.
- Regulations ROME III of 20th December 2010 regarding the law applicable to divorce and legal separation
- Regulations Brussels IV of 4th July 2012 regarding the law applicable to the settlement of an Estate
- Regulations EU of 26th June 2016 regarding new marital regimes and civil partnerships that will come into force on 29th January 2019.
They are all examples of legislation and regulations ratified by most of the E.U countries to help you to organise your life in a better way.
We are specialised in this complex sector of European Law and will guide you in making the right choices.
Our team has an extensive experience in different aspect of tax law in France but also abroad. Whether you own a property or intend to invest, we can provide you with advice on:
A lease is a contract where a person, the landlord, provides a habitation to another person, the tenant, for a period of time in return for a rent.
We can distinguish three main types of leases: residential leases, professional and mixed leases (housing and professional practice), and commercial leases.
Each of these leases has its specification and is governed by a different legislation and we can assist you in the drafting and comprehension of them.
Our team can draft residential or commercial leases to your requirements or review leases drafted by Notaires, estate agents or property developers (in case of leaseback purchase).
Corporate law is a powerful optimisation tool for estate planning and smooth operation of a business entity. Setting up a company to hold properties, start or take over a business makes the drafting of the articles of association sensitive steps that are not intended to be standardised but, on the contrary, customised to your aim.
At FranceTaxLaw you have a reliable partner that can assist you with the setting up of the company, from the drafting of the articles of associations to the registration at the French company house (Registre du Commerce et des Societes).
We can also assist you with your tax returns, preparation of annual board resolutions, any change during the life of the company (i.e. change of director, address, form of company, etc...)
Our working experience in a rural Notarial office for several years has increased our knowledge in every aspect of the rural law. From the conclusion to a short or long term lease, the setting up of a rural company, the sale of a lease property or the transfer of rural real estate, we can advise landlords and farmers to enhance legal security in short or long term.
We have also experience in dealing with the agricultural administration (SAFER) during the process of acquiring farming land from them.