"Think of the transmission from the fifties"
Le Figaro Magazine – The French do they transmit their heritage better than ten years ago?
Master Bertrand Savouré – For ten years, the legal framework has changed a lot. The French have more tools to prepare their estate, they must be tamed. The influence much the tax aspect. Yet, what matters is not only to capture a tax benefit, but to build, in good fiscal conditions, a smooth transmission. And this is increasingly true, because the transmission is initiated earlier.
When should you consider to be transmitted?
It's a long process. Begin to consider middle age seems a good idea.
Might there be not later regret some choices?
The French are willing to give, but they want to change their minds. Solutions exist. A gift, except between spouses, is not revocable, but we can ensure its revision, with the agreement of children. One can, for example, to reserve the right to change the property that was given.
What opportunities should be better used?
It is possible to think otherwise its transmission. For example, jumping a generation, children can waive their share to their own children. The spouse may also, if it inherits a time when he did not need all the goods, give up some of them for children. The legislature has given much freedom to organize the transmission of a heritage. But these opportunities need to be framed so as not to undermine the rights of heirs, and therefore the entire transmission.
What do we gain by skipping a generation?
Take the case of a father with a wealth of € 1 million he wants to send her two children. If he gives 500,000 euros to his son and as his daughter, the gift tax amounting to 164,000 euros. If his daughter renounces his share to his two children, the rights will be only 150,000 euros. And the tax savings will be even higher if it has a heritage to pass, it will remain intact while the allowance per child.
What should I watch?
We must strike a balance between the parties. Attention also to consider life insurance. The beneficiary designation must be consistent with what we want to do globally. * Rapporteur of the 108th Congress of Notaries to be held in Montpellier in September.
ALSO READ:
"How to evaluate a property without tax risk
"Donations, inheritances – adapt to the new
- Tax reform boosts donations
- The mysteries of the bacteria killer who terrifies Europe
- Tourism memory grows
- Poweo waives produce electricity