Think of your loved ones! The season of giving is here

Protect your spouse by giving without expecting anything in return

• When you are married with a gift between spouses
  Spouses automatically inherit from each other, without inheritance tax. However, without any particular provision taken by the deceased, the fate of the spouse remains linked to the presence of close heirs. The spouse's share is therefore not always sufficient to meet his or her needs. A gift of future property between spouses allows the surviving spouse to widen his or her choices in the estate of his or her predeceased husband or wife and to give a larger share than that provided for by law. It can cover all the property owned by the spouse on the day of his or her death.

Practical information - Spouses can give each other an inter-spousal gift (also called a last living gift). This involves two deeds (each one his or her own) received by the notary. The donation between spouses is unilaterally revocable; the other spouse is therefore not kept informed! On the other hand, when it is granted by a marriage contract, it is irrevocable.

• When you are a civil union partner with a will
  just like spouses, civil union partners are exempt from inheritance tax (whereas cohabitants are subject to 60% tax!) But, be careful, to be able to benefit from this advantage, you have to go through "the will". In the absence of a will, the civil union partner inherits nothing. You can leave everything to your partner in a will, if there are no children. On the other hand, if the testator has children, a share of the estate goes to them. He can then bequeath his property to his partner, but only up to the limit of the available share (the part of the estate that he can freely dispose of): half of the property if he has one child, one third if he has two and one quarter if he has three or more.

Practicalities: Each partner can make a will for the benefit of the other. The will can be holographic (written in the hand of the testator, dated and signed) and deposited at the office to be registered in the central file of last wills or received by the notary in authentic form.

Help a child or make a project come true by giving a helping hand to life

• Manual donation :
  The holiday season is the perfect time to give "little gifts" to your children. But be careful, what is commonly called a "manual gift" may not be a gift at all! There is indeed a difference between a manual gift, which is subject to taxation, and a customary gift made on the occasion of a particular event (such as a birthday, Christmas or a wedding) and which is characterized by its low value. This is a question of fact to be assessed by the judge on a case-by-case basis. In both cases, it consists of handing over different types of goods: a piece of jewelry, a car or a sum of money for example. It is all a question of proportionality, in relation to the donor's assets. The gift of use is a gift that should not impoverish the giver. From a fiscal point of view, it is not subject to gift tax and does not enter into the inheritance, contrary to a manual gift.

On the practical side: It is in the interest of the beneficiary of a manual gift to declare it to the tax authorities. This will allow him to "take date", with regard to the deadline of the tax allowances. Indeed, from a certain amount, the manual donation is taxable to the rights of donations. To register the donation, you will simply have to fill in a Cerfa form at the tax office or do it by notarial act. With this spontaneous declaration, you will avoid that the tax authorities ask you to justify yourself, during a tax audit for example.

• Simple donations to help your children
  There are two possibilities:
• If you wish to provide a child with occasional help, without giving him or her a special bonus compared to his or her brothers and sisters, you can make a donation in advance of the inheritance.
• If your intention is to give the child an advantage over the others, you can make a donation "outside the inheritance". You will then be able to give him more, while remaining within the limit of the rules of the available portion and the hereditary reserve. On the other hand, if the donation encroaches on the share of his brothers and sisters, they may, when the estate is opened, question the donation.

Practical information: Donations are so-called "solemn" acts; they are only made by notarial act. Your notary will advise you to make a particular donation according to your assets. You should not strip yourself of all your assets! For example, reserving the usufruct on the donated real estate can be a good idea. You will then be able to receive the fruits of the property (the rents).

Allowances and donations You make a donation to ... The tax allowance will be ... Your father or your mother 100 000 € Your spouse or your civil union partner 80 724 € A child 100 000 € A grandchild 31 865 € A great-grandchild 5 310 A great-grandchild 5 310 € A brother or sister 15 932 € A nephew or niece 7 967 € A disabled person 159 325 €

Special deduction for disabled persons
There is an allowance of €159,325 for disabled persons. It is cumulative, for example, with the deduction of €100,000 for direct descendants (e.g. parent and child). The person must be suffering from a physical or mental infirmity that prevents him or her from working under normal conditions or, for those under 18, from acquiring a normal education.

Special allowance for donations of money
There is a specific regime for family gifts of money: each parent can give €31,865 to each of his or her children free of tax (the donor must be under 80 years of age and the child must be of age to benefit from this allowance).
This deduction is added to the usual deduction of €100,000, so a father or mother can give a child up to €131,865 without paying tax every 15 years.
The deduction of 31 865 € also applies to gifts of money to a grandchild, a great-grandchild and, in the absence of descendants, to a nephew or niece or by representation of a grand-nephew or grand-niece.

Stéphanie Swiklinski