Christmas is ideal to deliver money or a good family. To avoid tax problems, follow the rules.
You will enjoy the year-end holiday season to spoil one or more grandchildren ? Attention ! There are rules to follow in order to avoid problems with your legal heirs and the tax man.
this use : a tool unknown
To give a property belonging to you from the hand to the hand of a small child (money, jewelry, car…) , you can use the mechanism of the present use. To do this, you must meet two conditions : the donation must not be impoverished, and be consented for a special occasion (religious festival, birthday, wedding,…).
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The amount given must be reasonable in relation to your lifestyle, your income and your wealth. If this is the case, this use will not be returnable to the estate, or taxable. This means that none of your heirs (your children) will not contest it and that the tax authorities will not be able to claim rights to it.
To : you can use the mechanism of the present purpose to give any loved one, and not only a small child.
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The donation : in order to transmit more
If you plan to transmit larger amounts, or property of large value, go for the donation is simple. It will take the form of a manual gift and must be declared to your tax office. Attention, you can’t deprive by this way your heirs, that is to say, your children, their share of legal (1). In the contrary case, they could attack your grandchildren on the day of your inheritance, and ask them to repay the overpayment.
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A straight gift is taxable, but two tax systems apply, depending on your age, your small child and the nature of the particular property.
– If you are under the age of 80 years and give the money to a small child major, you benefit from the tax deduction “Tepa” (Labour, employment, purchasing power). You do not have to pay, therefore, no right, up to 31 865 €, and you get the tax deduction, classic and beyond.
– If you, or your grandchild, do not meet the age requirements or that you pass a property (and not money), you will benefit from the abatement classic 31 865 €. Beyond that, the donation will be taxed at the scale classic, from 5 to 45 % (depending on the amounts donated).
To : the reduction Tepa and despondency classic roll-up and they recharge in 15 years.
(1) If you have a child it is legally half of your estate, the two children share two-thirds and three or more children three-quarters. The balance, called “a unit” available” may be given or sent to that you want.
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