# Gift tax real estate



## Frank1956

Hi all, I’m gifting my child an apartment outside France worth less than 100,000€ and we’re wondering - since it’s below the threshold of gift tax (every 15 years), how and where to declare it on the French tax declaration. Is it even needed if there is no taxable amount? If yes, where to declare that this gift was made? The notary obviously doesn’t bother to inform foreign authorities about the owner change. Thanks in advance


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## Bevdeforges

I don't believe that gifts are reported anywhere on the tax declarations. And since it's a property outside of France, the relevant laws of the country where the property is located are the ones you need to worry about - not the French laws.


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## Frank1956

Bevdeforges said:


> I don't believe that gifts are reported anywhere on the tax declarations. And since it's a property outside of France, the relevant laws of the country where the property is located are the ones you need to worry about - not the French laws.


Hi, I thought so too - thank you for the answer. Nevertheless, since my child is (fiscal) resident in France it does however seem that it has to be declared: Gift of Real Estate in France


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## Bevdeforges

OK, then your best bet here might be to ask either a notaire or someone at the local tax office. At this point, the gift shouldn't cost anyone any tax, just a declaration - and if a declaration is required, the tax office should be able to provide the proper form.


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## ernadrey11

As far as I know, gifts are not mentioned on tax returns. Perhaps you should contact your local tax office to address this issue of gift taxation.


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## Bevdeforges

Actually, I think the way that gift tax works in France (in other countries) is that the gift itself is declared (in France, by the notaire when making the transfer of the property). The "tax" part of the gift tax only comes into play when the donor dies and their estate is being settled. Depending on how long after the date of the gift the donor dies, the "gift" may have to be considered to be part of the estate and at that point, any tax is assessed on the transfer. It's a complicated situation because for instance, if you have other children to whom you have not gifted anything by the time you die, your gift to one of your children may be considered a premature distribution of part of your estate.

Sitting down with someone at the tax office - or even having a discussion with the notaire that handles the transfer of the property - will give you a better idea of how things work in your particular situation.


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## Peasant

Frank1956 said:


> Hi all, I’m gifting my child an apartment outside France worth less than 100,000€ and we’re wondering - since it’s below the threshold of gift tax (every 15 years), how and where to declare it on the French tax declaration. Is it even needed if there is no taxable amount? If yes, where to declare that this gift was made? The notary obviously doesn’t bother to inform foreign authorities about the owner change. Thanks in advance


Ask an accountant?


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## Crabtree

Tax office -get free advice


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