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- LØSNINGSMULIGHEDER FOR ÆGTEPAR MED
SÆRBØRN
- ÆNDRINGER I FRANSK ARVELOV
LØSNINGSMULIGHEDER VED ARV FOR ÆGTEPAR MED SÆRBØRN:
FRA BANQUE POPULAIRES JURIDISKE AFDELING HAR VI MODTAGET LØSNINGSFORSLAG TIL ARVEPLANLÆGNING FOR ÆGTEPAR MED SÆRBØRN.
(Det anbefales naturligvis vore læsere, at tage kontakt til advokat eller notar for at drøfte ens egen specifikke situation).
French succession law, which applies on your worldwide assets other than non-French real state, places a limit on the amount of your property, that you can freely dispose of. This is because children are protected heirs, with entrenched inheritance rights. They have rights to certain portions of your estate when you die. "Children" means any child (regardsless of their age) by an existing or previous marriage or relationship.
For the purposes of calculating the disposable and reserved portions, all gifts can be added back into the estate regardless of how long before death the gifts were made.
The children - and if no children, the surviving spouse - have an overriding claim on the deceased's estate, which they will automatically inherit despite the provisions of any will. The disposable share depends on the number of children left by the deceased - 1/3 in your case because Mrs. NN has got 2 children.
Because you have children from a previous relationship, the surviving spouse is only entitled to 25% absolute ownership.
Under French succession law, where the surviving spouse lived in a property at the time of the deceased's death, the surviving spouse retains the right to live in the home for one year.
Furthermore, the surviving spouse has the right (except if the deceased through a will had denied this right), which must be exercised in the 12 months following the death, to claim the right to live in the property (un droit d'habitation) and the right to use the furniture d'usage) for the rest of his or her life.
A will cannot override French inheritance laws, which grants entrenched rights of inheritance to your children.
DONATION AU DERNIER VIVANT:
An alternative option is to take a donation entre epoux, which protects the surviving spouse, especially where there are children from an earlier relationship.
French law (donation au dernier vivant) allows spouses to bequeath to each other one of the following three options:
- the disposable portion outright, -
- 100% in life interest, -
- 25% absolute ownership - 75% in life interest - regardless of whether the children are from the marriage or not.
To do it you should get in touch with a notary, who will be able to give you all the advices requested. You should also check with your notary, whether a change of matrimonial regime is possible taking into account your family situation (both of you have got children from a previous relationship) and the contract, which was signed in Denmark.
sign. Carine Hirtz Wauthier
Banque Populaire
Expert patrimonial clientele non-residents
tlf.: 04 93 215 341
e-mail: carine.hirtz-wauthier@cotedazur.banquepopulaire.fr
-o0o-
FRA BANQUE POPULAIRES JURIDISKE AFDELING HAR VI FÅET FØLGENDE ARTIKEL:
TAXATION FOR FRENCH RESIDENTS:
INSURANCE POLICIES:
These policies offers three key savings advantages:
- a return that is normally higher than bank savings schemes
- a right to make withdrawals during the life of the policy.
- favourable tax treatment
- as a lump sum investment vehicle useful in order to reduce income and benefit from the "bouclier fiscal" (The new regulation which specifies that the total amount any taxpayer could be charged in respect of income tax, wealth tax on assets, and local taxes would be limited to 50 percent of income.
Life insurance policies in France provide a dual function and are a very efficient tax tool.
In the first place, they can be a useful inheritance planning tool, because they offer tax advantages and greater freedom ti dispose of your estate, - and they are also a useful longer-term savings vehicle, which can be used as part of your investment strategy.
DEATH PROCEEDS:
Life insurance policies, whose premiums have been paid by policy-holders under the age of 70 years, are not liable to inheritance tax but to a specific flat withholding tax of 20% with an allowance of euros 152.500 for each beneficiary. If the beneficiary is the surviving spouse, this flat withholding tax is not due.
From the age of 70 years the proceeds above euros 30.500 to one or more beneficiaries, will form part of the estate for the purposes of calculating liability to inheritance tax. However, the growth generated by the premiums remain exempt, so it still remains a fiscally attractive investment.
PARTIAL OR FULL ENCASHMENT:
During the term of the policy, if you cash in, then only the growth element of the withdrawal is taxed. You are taxed on the excess of the encashment value over premums paid.
The rest of the sum is available to you tax free.
You have the option of choosing the most favourable regime for taxation, when you cash in: either you opt for the flat rate withholding tax regime or you opt to be subject to progressive income tax rates. The flat rate withholding tax reduces the longer you have held the policy:
35% if the first premium has beenpaid less than 4 years ago
15% if the first premium has been paid between 4 and 8 years ago
7.5% if the first premium has been paid more than 8 years ag, allowance of euros 9.200 for a married couple and euros 4.600 for a single.
It makes sense for a taxpayer to opt for the witholding tax regime when had the progressive income tax rates been applicable, he/she would ave been taxed at a higher rate. Moreover if held at least eight years, a couple benefits from an allowance of euros 9.200 each and a single euros 4.600, - free of tax.
Don't forget that an insurance policy as any investment income is liable for the social charges at the rate of 11%.
sign. Marit Koskenkyla
Banque Populaire de la Cote d'Azur
Chargee de Missions Marche des Etrangers et des Non-Residents
tlf. 04 93 215 691
e-mail:
marit.koskenkyla@cotedazur.banquepopulaire.fr
ÆNDRINGER PÅ ARVEAFGIFTSOMRÅDET...
Den franske præsident Nicolas Sarkozy har nu fået vedtaget en række ændringer på skatte-og arveafgiftsområdet.
Vi skal her nævne nogle af ændringerne på arve-siden, - og du opfordres til at søge rådgivning hos advokat eller notar, hvis du ønsker yderligere uddybning.
- ophævelse af arveafgift mellem ægtefæller
- forhøjelse af det arveafgiftsfrie bundfradrag fra euro 50.000
til euro 150.000 pr. barn
På flere områder vil ændringerne stille dig og din familie bedre end i dag.
Bl.a. vil det medføre en lavere arveafgift i forbindelse med generationsskifte af familieformuen.
Loven blev vedtaget 1. august 2007, men vi er ikke bekendt med hvornår den træder i kraft.
- lagt ind 22. december 2008
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