Are you a property owner in France but reside abroad? The transfer of this property to your heirs can raise complex legal issues. Between French law, private international law and taxation, it is essential to understand the applicable rules to avoid unpleasant surprises. In this article, I explain the key points to know.<\/p>\n
Since August 17, 2015, European Regulation No. 650\/2012 (Succession Regulation) harmonizes conflict-of-law rules within the European Union. For successions opened after this date, the applicable law is that of the deceased's habitual residence at the time of death. However, a person may choose by will the law of their nationality (prorogation of jurisdiction).<\/p>\n
Even if you reside abroad, inheritance tax on real estate located in France is due in France. The rate depends on your relationship to the deceased:<\/p>\n
Warning: if the deceased was tax resident in France, all of their worldwide assets are subject to French inheritance tax. Conversely, if they resided abroad, only assets located in France are taxed.<\/p>\n
France has signed tax treaties with many countries to avoid double taxation. For example, with the United States, Canada, the United Kingdom, etc. These treaties generally provide that inheritance taxes are paid in the country where the real estate is located. Check if your country of residence has a treaty with France.<\/p>\n
To transfer real estate in France, you must:<\/p>\n
If you are an heir residing abroad, you can mandate a French notary to represent you. Certain acts can be performed remotely, but physical presence may be required for signing the authentic deed.<\/p>\n
To avoid complications, several solutions exist:<\/p>\n
L’h\u00e9ritage d’un bien immobilier en France depuis l’\u00e9tranger n\u00e9cessite une bonne connaissance des r\u00e8gles de droit international priv\u00e9 et de la fiscalit\u00e9. Chaque situation est unique : n’h\u00e9sitez pas \u00e0 consulter un avocat expert pour s\u00e9curiser votre transmission et optimiser les co\u00fbts.<\/p>\n
Need personalized support?<\/strong> I offer a consultation to review your file and advise you on the best solutions. Book an appointment now.<\/a><\/p>\nTo go further<\/h2>\n