Donation

Updated on Wednesday 13 April 2022

A question ? Need help ?

My grandfather gave me a piece of land. The deed of gift contains an inalienability clause valid until his death. I need to borrow money from a bank. Can the latter register a mortgage on my land?

Yes . If the inalienability clause has the effect of prohibiting you from selling or giving away the property you have received, it is always possible for your creditors to take out a mortgage registration on the property given (Civ. 1e, Oct. 9, 1985, n°84-13.306 concerning a judicial mortgage and…
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My father is going to lend me 10,000 euros. I signed him an acknowledgment of debt. Should it be declared to the taxes? What is the difference with the registration of the deed?

Yes , loan contracts for an amount greater than 5,000 euros must be declared (article 49B appendix 3 and article 23L appendix 4 of the CGI) to the tax authorities on form no. 2062. You must file this declaration at the same time as your next annual income tax return…
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My uncle owns and occupies a house. He plans to give it to me. Insofar as he will continue to live there, can I benefit from a discount on the value to be declared to calculate the gift duties?

No. Donation duties are calculated based on the real market value of the donated property, that is to say, on the price that could be obtained if it were put up for sale, according to the detailed and estimated declaration that you will have made (art. 761, al. 1 CGI)…
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My uncle of French nationality lives abroad. He wants to help me finance the acquisition of my home by giving me money. Do I have to declare this operation in France ?

Yes. When the beneficiary of a donation is domiciled in France on the day of the donation or has had his tax residence in France for at least six years during the last ten years preceding the donation, all the assets he receives located in France or outside France are…
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