Whether it's to buy a car, finance your wedding or honeymoon, set up a business, carry out major work at home or even constitute a contribution for a mortgage, we all need support one day or another. financial of his relatives.

And the family donation works all the more at full speed as it is relatively little framed by the law, which avoids going through tedious administrative procedures.

But you still have to keep a sense of proportion and circumstances, at the risk that the tax authorities intervene a posteriori to claim the payment of taxes... We explain to you how to stay in the nails.

Act in the private circle

The legislation is based on freedom of principle with regard to family donation.

Thus, anyone can gratify a loved one with a sum of money or even furniture or jewelry in a private capacity.

This is called “usual presents”.

In the absence of a strict legal definition, it is here successive court decisions that have established the rules to be respected.

As the Court of Cassation recalled in 1988, "civil case law has defined customary presents as being gifts made on the occasion of certain events, in accordance with a custom, and not exceeding a certain value" .

These gifts must therefore be offered in special circumstances that make it possible to justify their importance.

We think in particular of a wedding, a birthday, Christmas or another important religious holiday, the New Year, but also of a success in a competition for example.

In addition, although no limit on the amount is imposed, the sum granted must not have the effect of impoverishing the donor.

Traditionally, the courts estimate that the value of the gift should not exceed 2% to 2.5% of the patrimony of the person making it.

As long as it does not represent a big financial effort, you can freely give €1,000, €5,000 or even €10,000 to your loved ones for a special occasion.

You can then act without declaring it for taxes and without this gift being taken into account in your estate.

A statement required

But watch out for the backlash!

Indeed, the Treasury can very well put its nose in your accounts during a tax audit.

And if he considers that your acts of generosity towards those around you fall outside the scope of customary gifts, he can reclassify them as “manual gifts”.

On the content side, it does not change much since it is again a question of transmitting a sum of money, or movable property such as jewelry, a car or even paintings.

On the other hand, the person who has benefited from this donation must inform the tax services through a spontaneous declaration or in the month following the request or the control of the tax administration.

OUR “TAXATION” FILE

The procedure can be carried out online, from the official portal Impots.gouv.fr, or via a form to be sent in duplicate to the tax department of your department.

Economy

How do I declare a “manual donation”?

Economy

What taxation applies to a donation?

A taxable but not taxed gift

Rest assured, declaring does not necessarily mean paying!

Whether for a donation made before a notary or for a manual donation, the same tax scale applies, knowing that it includes various deductions and exemptions.

The law thus allows you to transfer up to €31,865 as a gift of money to each of your children and grandchildren, without any gift duties (taxes) to be paid, provided that you are under 80 and your beneficiaries are adults.

This gesture of support can also be repeated under the same conditions every 15 years!

In addition, you can give up to €100,000 every 15 years to each of your children, in money but also in furniture or real estate provided you go through a notary, without incurring taxes.

The icing on the cake: the two devices can be combined!

Good to know: in order to avoid possible subsequent disputes during your succession, it is recommended to balance your usual gifts and manual gifts between your relatives.

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