FLASH News

  • french will, choice of law, EU regulation, french inheritance law, french inheritance tax, wills in France, make a will, estate planning in France, surviving spouse in France, code civil in France, Notaire and wills,
    25/04/2020 0 Comments
    CHOICE OF LAW TO AN ESTATE

    For nearly five years (since 17th August 2015), international private law regarding succession has come into force in the 27 countries of the European Union that have ratified it. However, there are still some interrogations necessary. If choosing the law that is applicable to your estate is possible, then the European text also provides for an implicit choice which must be used with precautions

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  • 06/02/2020 - FRANCE TAX LAW 0 Comments
    Cooling off period and post office

    The cooling-off period, which was introduced after the law dated 13th December 2000 and amended by the law Macron dated 6th august 2015, provides that a

    non-professional purchaser can withdraw from the contract within a period of ten days starting "from the day after the first notice by the post office”. Notaires and estate agents tend to send contracts duly signed by the parties to each purchaser by registered post without worrying whether or not the recipient of the letter is the actual purchaser.
    A recent court case dated 12th October 2017 brought a new position regarding the validity of a cooling off period signed by a third party.

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  • inheritance, french inheritance, reserve, surviving spouse, life interest, nue-propriete, tax, double tax treaty, england france
    29/01/2020 - Francetaxlaw 0 Comments
    FRENCH INHERITANCE LAW

     The settlement of an estate involving French assets will not only be complicated because of the language barrier but also due to the differences between the legal systems. British citizens who own a property in France or who have moved to France often wonder how their estate will be shared between their beneficiaries. What are the rules without a will? Does a will made many years ago still fully apply in France?

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  • 25/01/2020 - FRANCETAXLAW 0 Comments
    BREXIT AND SALE OF A PROPERTY - TAX REPRESENTATIVE

    BREXIT will take place on 31 January 2020. As from the 1st February 2020, the UK will no longer be part of the European Union and will not be a member of the EEA either. As it stands, British residents and all companies having their head office in the United Kingdom selling a property located in France will be required to appoint a tax representative.

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  • PACS, civil partnership, inheritance law, france, pacte civil de solidarite, French succession law
    23/12/2019 0 Comments
    FRENCH CIVIL PARTNERHIP (PACS)

    The PACS, contrary to the Civil Partnership Act 2004, is a contract made by two adults to the same or opposite sex to organise their lives. Like the Civil Partnership Act 2004 the PACS sets out the rights and duties of partners and requires formalities regarding the registration and termination.

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  • an image of a key latched to a keyhole of a door
    20/10/2019 - Francetaxlaw 0 Comments
    INTESTATE LAW IN FRANCE

    Any foreign nationals can buy a property in France as a secondary or main residence. The French system of conveyancing law is different and despite being as safe as the English one, the legislation and practice are different. This is a stressful time for everybody due to the fact that they are not only dealing with a foreign legal system but also a foreign language. 


    The conveyancing itself is not complicated but will still require attention to make sure that you do not find out any pitfalls before completing it. As a
    purchaser, it is normal that you focus on the purchase, sometimes to the detriment of estate planning. Buying and having estate planning at the same
    time can be useful and prevent any unexpected issues in the long term.

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  • SET UP BUSINESS IN FRANCE
    01/10/2019 - FRANCE TAX LAW 0 Comments
    SET UP YOUR BUSINESS

    When somebody wishes to create a business in France, he will have the option of operating under a company structure or as a sole trader. Both options have pros and cons and the nature of the business will determine which structure, but also, which tax regime to choose.



     

     

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  • compromis de vente
    23/07/2019 0 Comments
    Compromis de vente V Promesse unilaterale de vente

    When two parties intend to enter into an agreement for a property transaction, they first sign a sale agreement to agree on the price and the terms and conditions of the sale. Whether you have an Estate agent or Notaire preparing the contract, they will both have to explain to the parties that this contract can take the form of a unilateral promise of sale (promesse unilaterale de vente), or that of a binding contract (compromis de vente).

    The question will be the opportunity for the parties to choose the form best suited for their transaction. Indeed, under different circumstances, the parties may prefer one form rather than the other.

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  • a picture of wedding rings atop a wooden bench
    22/07/2019 0 Comments
    MARRIAGE AND PACS

    Q: My Belgian partner and I (a UK national) are considering getting married or having a PACS later this year here in France. I've heard of recent law change regarding matrimonial regimes and PACS, can you explain them?

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  • an image of a open letter containing the word newsletter
    02/07/2019 - FRANCE TAX LAW 0 Comments
    NEWSLETTER JULY/AUGUST 2019

    Welcome to our July issue and to our new subscribers, last month I attended the annual Notaires’ conference, that took place in Brussels. What a perfect

    place to discuss this year’s topic: International law - Family and Estate planning. The conference is always a very good opportunity to discuss our
    practise, experience and exchange information with professionals, lawyers, University professors. Four committees composed of Notaires work on a subject in connection with the topic and propose relevant suggestions to make the Law evolve.

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  • a notebook with a page containing the word planning
    29/04/2019 - FRANCE TAX LAW 0 Comments
    ESTATE PLANNING & MARITAL REGIME

    This month our article is quite different. Instead of treating a specific area of Notarial law, we have provided our readers with a practical case.

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  • an image of a open letter containing the word newsletter
    01/04/2019 - FRANCE TAX LAW 0 Comments
    NEWSLETTER MARCH 2019

    Welcome to our March issue. The past few weeks have been rich in reflections on Brexit and it does not make our life easier when we have to advise our clients on international matters. International private law is part of our work on a daily basis.

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  • a hand writing the word tax on a chequebook
    18/03/2019 0 Comments
    French residency

    The concept of tax residency links a person to a particular territory for the purpose of determining questions of law (including tax law) that applies to him. In practice, a person’s tax residency is not always obvious or easy to determine, despite its being a crucial element of his relationship with a particular legal system.

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  • a picture of wedding rings atop a wooden bench
    16/01/2019 0 Comments
    NEW E.U REGULATION MATRIMONIAL REGIME AND CIVIL PARTNERSHIP

    Two regulations dated 24th June2016 are complementing the inheritance regulations that came into force lastAugust 2015. After inheritance, so these are matrimonial and registeredpartnerships which are subject to European regulation. 19 members states,including France, wanted to establish enhanced cooperation in these matters. The regulations will come into force on the 29th January 2019.


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  • FRENCH PROPERTY PURCHASE, PURCHASE, FORMALITIES, LAND REGISTRY, CADASTRE, UBANISM, TITLE DEED,
    31/10/2018 - FRANCE TAX LAW 0 Comments
    BEHIND THE SCENE

    I often have clients asking how long does a property transaction take to be completed in France. The average timescale is between 2 to 3 months but often depends on the particularities of each transaction. Indeed, some of you may purchase a property without any renovation work, ready to move in, others may want to renovate or extend it and would require planning permission before signing, a mortgage may be required, a division of lands, or the property/land is occupied.

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  • french property, gift, succession, donation, inheritance tax, usufruit, life interest
    27/09/2018 - FRANCE TAX LAW 0 Comments
    ESTATE PLANNING

    Parents may wish to pass on their assets while they are still alive to their children, perhaps to help them buy a property or to avoid conflict between heirs after a death, or simply to ensure the smooth transmission of a family property.

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  • 17/08/2018 - FRANCE TAX LAW 0 Comments
    MANDATES IN FRANCE

    As a Lawyer, I meet people every day who have lost a relative or become concerned by their future and the possibility of losing the capacity to deal with their own affairs. In England it is possible to anticipate and curb a problem by signing a Lasting Power of Attorney. Alternatively, we may create a trust to administrate those assets posthumously. In France,neither of these forms existed until two recent Laws were passed, which introduced a form of Power of Attorney (mandate) with the purpose of providing the flexibility to organise and administrate a person’s assets or estate.

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  • A paper with french words written on it by a fountain calligraphy pen
    06/07/2018 - FRANCE TAX LAW 0 Comments
    WILLS IN FRANCE

    The Notaire who is called upon to settle an international succession is often confronted with a certain number of questions, one of them being the validity of a Will left by the deceased. Making a Will is the most common way for a person to settle his estate and transfer his assets to his heirs. For instance in of common Law Countries (United Kingdom, Unites States…) it is most of a time a testamentary succession.

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  • notaire. fees, french law, buying property in France, stamp duty
    24/06/2018 - FRANCETAXLAW 0 Comments
    NOTAIRE'S FEES

    Notaires in France are Public Officials appointed by the Ministry of Justice and have their own system and practice which is distinctive from the other profession of Avocat or even Solicitors.They are empowered to place the French State Seal on the deeds that they prepare. These deeds fall into a category of public document and are difficult to challenge. We have calls every day from client enquiring what the Notaire's fees are. Notaires always provide clients with a figure to complete the transaction butrarely break it down unless specifically requested.


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  • a picture of a hand pointing at one of the box on a black background
    08/06/2018 - FRANCE TAX LAW 0 Comments
    SOCIETE CIVILE IMMOBILIERE

    With the recent European Succession law that came into force on 17th August 2015, most of British nationals wonder whether the use of a SCI to hold a property in France still has a benefit. Indeed, the new succession law permits a British national to choose English law as the law applicable to his estate and overcome the compulsory French forced heirship.

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  • french property law, compromis, french estate agent, commission, notaire's fees, completion, suspensive conditions
    10/05/2018 0 Comments
    BUYING IN FRANCE

    The system of buying a property in France is not so different from the one in the UK. Balancing the two systems, none is better or worse than the other but they both have their particularities. Whereas exchange takes place after the formalities have been carried out in England, the French exchange (signing of initial contract) takes place prior to carrying out the searches. The purpose of this article is to give you an indication of the process of purchasing a property in France. In any case it will replace any advice that you would seek through a professional.

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  • FRENCH WILLS, OLOGRAPHE, SUCCESSION, LAW APPLICABLE, RENVOI
    16/04/2018 - FRANCE TAX LAW 0 Comments
    WILLS AND RESIDENCY

    In December, France lost one of its greatest singers and idols of several generations, Johnny Hallyday. The sadness of his death has now been shadowed by a media unpacking around his estate and his Will. Johnny Hallyday had two children from previous unions and adopted two children with his surviving spouse, Laeticia - a situation that is not unusual nowadays. According to his Will, he designated Californian law as the law applicable to his succession and bequeathed all his estate to his wife, to the detriment of his two children from previous unions.

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  • 14/03/2018 0 Comments
    FRENCH PROPERTY NEWS ARTICLE

    In this month French Property News Magazine I will be looking at the different options to give a property to your children.

    /uploads/l59B204e/FPNApr18.pdf

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  • 26/02/2018 - FRANCE TAX LAW 0 Comments
    cooling off period "to be continued...."

    Yet again another decision made by the High Court on 14th February 2018 regarding the cooling off period in France. This time the Notaire is directly involved because the claim was made against him by a vendor.


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  • inheritance, french, tax advice, succession, surviving spouse, tax threshold, life interest, usufruit, nue propriete
    12/02/2018 - FRANCE TAX LAW 0 Comments
    FRENCH INHERITANCE TAX

    Most of European countries have ratified the European succession Law and Monaco has now decided to create its own international rules to match the rest of Europe. As a result civil law will no longer be an issue for an English national as he will always be able to apply English law to his assets wherever he is located.

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  • Court of Justice of the European Union Building
    19/01/2018 - FRANCE TAX LAW 0 Comments
    SOCIAL CONTRIBUTIONS VALIDATED BY EUROPEAN COURT OF JUSTICE

    The European Court of Justice said in the case JAHIN (CJUE 18/01/2018 – CASE C45/17 JAHIN) that a non-resident of France living outside the European Economic Area and Switzerland could be subject to social contributions (CSG and CRDS) levied on their income in France by the French tax authorities.

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  • marriage, french succession, frenh property law
    08/01/2018 - FRANCE TAX LAW 0 Comments
    French legal marital regime

    We are one year away from the new European legislation regarding matrimonial regime that was voted and adopted by 18 members of the European Union. It will

    come into force in the countries that voted and adopted it from 29th January 2019 and has for aim to replace The Hague convention dated 14th
    March 1978. There is no doubt that Notaires and International Lawyers will have to review their client’s personal situation regarding their French and overseas
    assets for estate planning purposes. They will also have to juggle with the Hague convention, Common Law and new legislation to assess the nature of the assets.

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  • 14/11/2017 - FranceTaxLaw 0 Comments
    MONACO CATCHING UP ON PRIVATE INTERNATIONAL LAW

    On 28th June 2017 the National Council of Monaco voted a new Act on private international law to complete the existing provisions and bring a legal solution to the competent jurisdiction and applicable law in situations involving various jurisdictions as well as establishing recognition of foreign decisions and instruments.

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  • wealth tax, france
    14/11/2017 - FranceTaxLaw 0 Comments
    NEW WEALTH TAX IN FRANCE : IMPOT SUR LA FORTUNE IMMOBILIERE

    One of the promises of Emmanuel Macron was to replace the current wealth tax by a new tax that would only apply to real estate. The capital property tax (IFI) as envisaged by Emmanuel Macron consists of taking out financial investments, savings, luxury movables (cars, yachts, horses…) and other securities from the taxable assets of the ISF in order to retain only real estate.

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  • 14/11/2017 - FranceTaxLaw 0 Comments
    FRENCH SUPREME COURT RULES OUT FORCED HEIRSHIP IN FRANCE

    Since the succession regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, that came into force on 17th August 2015 in the states members of the EU, to the exception of Denmark, United Kingdom and Ireland, the question was

    raised in France as to whether or not the forced heirship would prevail over  the regulation.

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