Gift tax - Taxable property and principal exemptions

Verified 10 May 2023 - Legal and Administrative Information Directorate (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 whether the donor is domiciled in France or abroad.

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.

However, some gifts of money are not subject to payment of gift tax, subject to conditions.

FYI  

If you receive a sum of money for a particular occasion (birthday, wedding, birth, passing an exam...), you have nothing to pay. This is a customary gift. But the amount offered must be reasonable, that is, proportionate to the income of the person offering it.

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

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 applicable, in a theft or fire insurance contract.

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 property of high artistic or historical value, you are exempt from duty if you donate it to the state, with its approval.

These are the following goods, subject to certain conditions:

  • Work of art
  • Book or document
  • Collection Object

FYI  

You can choose to keep the use of the given property for your lifetime. You can also anticipate that your surviving spouse will continue to use it.

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

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

In this case, the value of the transmitted nue-property is calculated according to a tax schedule which depends on the age of the person making the donation.

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.

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.

Rental housing acquired between August 1995 and December 1996

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 :

  • Individual business
  • Shares or business shares

Please note

Donations of companies to employees may also benefit from a partial exemption.

Abroad

If you live abroad, you have to pay a donation tax on the goods you receive.

However, the goods concerned vary according to your situation:

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You received a donation from a tax resident

You are subject to the payment of gift tax for donated goods, whether they are located in France and abroad. This is the case whether or not you were resident in France on the day of the donation.

You have received a donation from a non-resident for tax purposes

You reside in France on the day of the donation
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.

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.

FYI  

One international convention concluded between France and a foreigner country may lay down different rules. However, few conventions deal with gift rights.

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