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Cabinet Brahin Avocats à Nice - How Long Should You Keep Your Personal Documents?

How Long Should You Keep Your Personal Documents?

Posted on : January 21, 2026

Rent receipts, insurance or mortgage contracts, bills, payslips…Everyday documents are numerous. Did you know that the minimum retention period for these papers varies depending on their nature, applicable legislation, or their intended purpose?

Here is an overview of document retention periods.

Why Should You Keep Your Personal Documents?

The purpose of keeping personal documents is to be able to prove the existence of a right or compliance with an obligation. Retention periods vary depending on the type of document and the legislation or use to which it is subject.

Some administrative documents must be kept for life, while others have shorter retention periods set by law.

Please note that the periods mentioned in this article are recommended retention periods. You may, of course, choose to keep documents for longer.

How Long Should You Keep Your Documents?

Documents Related to Your Family Situation and Education

Documents relating to family law matters should generally be kept permanently, in particular:

  • civil status certificates (full copies and extracts),
  • divorce or adoption judgments,
  • marriage contracts and civil partnership agreements (PACS),
  • family record books,
  • exam certificates and diplomas,
  • medical examinations (e.g. X-rays).

Documents Related to Insurance and Banking

In insurance matters, receipts, due notices, and cancellation letters must be kept for at least two years from the document date, as must insurance contracts.

For banking documents, cheques must be cashed no later than one year and eight days after issuance.

Bank statements and cheque stubs must be kept for five years.

Receipts for card payments and withdrawals should be kept until you receive the bank statement showing the corresponding balance.

Your Bills

Electricity, gas, and water bills must be kept for five years, which corresponds to the period allowed to dispute a bill with the supplier.

It is recommended to keep landline, mobile phone, and internet subscription bills for at least one year.

Bills for household appliances (dishwasher, refrigerator, television) should be kept at least until the warranty period expires, as should warranty certificates.

For health-related documents, bills from public hospitals must be kept for four years and from private hospitals for two years. Reimbursement statements from health and maternity insurance should be kept for at least two years.

Documents Related to Your Home

Proof of payment of condominium fees, correspondence with the property manager, and minutes of general meetings must be kept for five years.

Rent receipts, lease agreements, and check-in and check-out inspection reports must be kept for three years after the end of the lease. These periods apply to both unfurnished and furnished rentals.

A deed of sale or title of ownership, however, must be kept permanently.

Documents Related to Your Professional Activity

Payslips, employment contracts, and work certificates must be kept until retirement.

Certificates from France Travail (formerly Pôle emploi) must be kept for two years from the date of registration as a job seeker.

Final settlement statements, proof of unemployment benefit payments, or expense reports must be kept for three years. These documents are useful when calculating pension rights.

Note:
Private employers must keep employees’ payslips, employment contracts, and any declaration of workplace accidents to health insurance for five years.

Other documents, such as working time records or tax certificates, must be kept for three years.

Documents Related to Your Taxes

Tax returns, tax assessments, and supporting documents used for taxation must be kept for three years from the year following the income year.

Property taxes and local taxes (e.g. housing tax on secondary residences) must be kept for one year.

Retention Period for Documents Related to Your Business

Books, registers, documents, or supporting records that the tax authorities may request must be kept for six years.

The period is calculated from one of the following dates:

  • the last transaction recorded in the books or registers,
  • the date the documents were issued.

Example:
Documents relating to income for 2018, declared in 2019, must be kept until the end of 2024.

Overview of Retention Periods for Tax Documents

Type of Tax Retention Period
Income tax (IR) and corporate tax (IS) 6 years
Business income (BIC), non-commercial income (BNC), and agricultural income (BA) under the actual regime 6 years
Corporate tax for sole proprietorships and companies 6 years
Local direct taxes (property tax, etc.) 6 years
Business tax (CFE) and CVAE 6 years
VAT and other turnover taxes 6 years

Warning:
The retention period is extended to 10 years in cases of concealed activity (tax fraud, undeclared work, failure to declare, illegal activity, etc.).

Social Documents Related to Your Business

Document Type Retention Period
Annual financial statements (balance sheet, income statement, notes) 10 years from the end of the financial year
Articles of association for companies, economic interest groups (GIE), or associations 5 years after dissolution
Merger agreements and similar documents 5 years
Share registers, transfer registers, and general meeting minutes 5 years after last use
Attendance sheets and proxies Last 3 financial years
Management reports Last 3 financial years
Audit reports Last 3 financial years

Personnel Administration

Document Type Retention Period
Payslips 5 years (electronic: 50 years or until the employee reaches 75 years of age)
Personnel register 5 years after the employee leaves
Documents relating to hiring, salary, bonuses, benefits, pensions 5 years
Social contributions and payroll taxes 3 years
Working days under fixed salary agreements 3 years
Working hours and on-call duty 1 year
Labour inspectorate notices and inspections 5 years
Declaration of workplace accidents 5 years

In What Format Should You Keep Your Personal Documents?

Are you unsure whether to keep your documents in paper or digital form? Do both formats have the same legal value?

It depends on how the document was delivered:

  • if it was received digitally (by email or download), it may be kept digitally;
  • if it was received in paper form (in person or by post), the original must be kept. A scan is considered only a copy, and the original may be required later.

Taxpayers may also digitize their paper bills upon sending or receipt and store them electronically until the end of the tax retention period (six years).

Med venlig hilsen / Kind regards
Cabinet Nicolas BRAHIN
Advokatfirma i NICE, Lawyers in NIC
Camilla Nissen MICHELIS
Assistante – Traductrice
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
Camilla.nissen.michelis@brahin-avocats.com
www.brahin-avocats.com

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How can you obtain information about the land registry in France?

Posted on : December 22, 2025

If you own a property or are considering becoming an owner, you will very likely need to consult the cadastral (land registry) documentation. What information can be found there? How can it be consulted or amended if it is incorrect? We provide the answers.

Commonly referred to as the “cadastre,” cadastral documentation consists of records that list and identify real estate (buildings, houses, land, etc.) located in France.

This information forms the basis for calculating local taxes that you are required to pay, including property tax.

The documentation mainly consists of the cadastral map and the cadastral register.
These documents have a tax-related purpose rather than a legal one: the cadastral map does not constitute proof of ownership and does not establish property boundaries.

What information can be found?

The cadastral map

The cadastral map is a graphical representation of a municipality, showing its real estate holdings as well as the footprint of buildings.

It may also display certain details that make it easier to understand, such as main roads, watercourses, ditches, and similar features.

The cadastral register

While the cadastral map is a graphical document, the cadastral register is a written one. It consists of property records indicating the identity of the owner or owners of each parcel of land or built property shown on the cadastral map.

 

How can cadastral documentation be consulted?

The cadastral map

The cadastral map is freely accessible to everyone, whether or not they own property.

You can access it via the official cadastral portal: cadastre.gouv.fr.
Searches can be carried out by entering the address or the cadastral reference of the desired parcel. The service also allows you to order map extracts for French municipalities.

You can also consult the cadastral map at the town hall or by submitting a written request to the municipality or to the property tax office responsible for the parcel in question.

The cadastral register

You may request an extract from the cadastral register—for example, to find out the owner of a plot of land—by completing form 6815-EM-SD and sending it to the property tax office to which the parcel is attached.

Using the online tool “Demande de valeurs foncières,” you can free of charge track trends in property prices and assess the value of a property in France by consulting data from the past five years.

How can the cadastre be amended?

You may request an amendment to a cadastral parcel by completing form 6463-N-SD, which must be sent to the land registration authority (service de publicité foncière) competent for the parcel.

The amendment may be requested, among other reasons, to correct property boundaries shown in the cadastre or following changes to property boundaries (division or consolidation of a parcel).
For your request to be processed by the cadastral authority—unless your situation falls under one of the stated exceptions—it must be accompanied by a surveying document establishing the land area, prepared by a licensed surveyor. The cost of this professional’s work must be borne by you.

Legal value of the cadastral map

The cadastral map is an administrative document used to record and identify properties for the purpose of determining the basis of local taxes. As its purpose is primarily tax-related, it is not intended to guarantee ownership rights. Nor does it establish property boundaries.

To determine the boundaries of a parcel of land, an official survey (boundary demarcation) must be carried out by a licensed surveyor.

Obtaining a copy of a third party’s title deed

You may obtain a copy of any deed subject to registration, even if you are not a party to the deed.

The request must be submitted to the Service de la publicité foncière (formerly the mortgage registry) where the deed was recorded.

 

Med venlig hilsen / Kind regards
Cabinet Nicolas BRAHIN
Advokatfirma i NICE, Lawyers in NICE
Camilla Nissen MICHELIS
Assistante – Traductrice
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
Camilla.nissen.michelis@brahin-avocats.com www.brahin-avocats.com

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Starting Point of the Five-Year Limitation Period

Posted on : December 5, 2025

The starting point of the five-year limitation period that company members may invoke against the creditors of an SCI cannot differ from the starting point that may be invoked directly by the company itself.

 

Case law indeed considers that the starting point of the limitation period for actions brought by creditors against the members of a company cannot be the date on which proceedings against the legal entity are exhausted, even though such exhaustion is a necessary prerequisite.

 

  1. For a Société Civile Immobilière (SCI), i.e. a partnership, the members are personally liable without limit for the company’s debts, in proportion to the number of units each member holds (Article 1857 of the Civil Code).

 

II.Although the articles of association may provide for a different allocation, such provisions cannot be invoked against third parties (unless they have accepted them).
The members’ liability is therefore not limited to their contributions, unlike in other types of companies.

 

Under Article 1858 of the Civil Code, creditors may, however, only take legal action against the members after having previously and unsuccessfully pursued the legal entity. The following article adds that such actions become time-barred after five years.

 

This means that the right to proceed against a member is subsidiary: the company remains the principal debtor and must therefore be pursued first. Moreover, the two proceedings cannot be conducted simultaneously.

Conclusion: third-party creditors may bring an action directly against the members, but they have a five-year limitation period to do so.

The question before the courts then became: when does this limitation period begin to run?

 

III. An SCI named “Hippopotame” (this is not made up) took out a 20-year bank loan. When it failed to meet its repayment obligations, the legal entity was subjected to enforcement proceedings initiated by the bank with a view to a forced sale of the property the company had purchased.

 

A voluntary sale was permitted, and the draft distribution order was approved by the enforcement judge on 3 January 2012.

 

However, the sale did not allow the company’s debt to be fully cleared… yet the bank let time pass and only issued a payment order against the SCI on 27 February 2017 with a view to seizure.

 

A certificate of unsuccessful recovery was drawn up on 6 March 2017, which forced the bank to sue a member for the outstanding balance on 14 June 2017.

The dates are crucial here for calculating the limitation period.

 

A technical debate arose between the parties regarding the starting point of the limitation period that the member sought to invoke against the third-party creditor. Two theories were put forward:

  1. The starting point should be considered the date on which proceedings against the company are exhausted.
  2. The five-year period would thus begin to run on the day when the creditor has fully exhausted proceedings against the company and is then compelled to turn to the members.
  3. This was also the Court of Appeal’s position.
  4. It upheld the bank’s claim and considered that, in this case, the starting point of the limitation period for the action against the individual member of the SCI for the unpaid loan was the date of the certificate of unsuccessful recovery, i.e. 6 March 2017.
  5. From that date, the bank therefore had a new five-year period. The summons of 14 June 2017 was therefore far from being time-barred.
  6. Or should the starting point of the limitation period be the same with respect to both the company and its members?
  7. The creditor would then have a strong interest in acting quickly against the company, otherwise they risk no longer being able to pursue the members. This is precisely the core issue of the present ruling, which has the distinction of being published in the Bulletin (Court of Cassation, 3rd Civil Chamber, 19 January 2022, No. 20.22.205).

 

By setting the starting point of the five-year limitation period at 6 March 2017, the date of the certificate of unsuccessful recovery following an ineffective payment order, the lower courts found that the summons of the member for the outstanding amount had been brought well within time. They therefore ordered the member to pay the remaining balance of the bank loan.

 

Med venlig hilsen / Kind regards

Cabinet Nicolas BRAHIN

Advokatfirma i NICE, Lawyers in NICE

Camilla Nissen MICHELIS

Assistante – Traductrice

1, Rue Louis Gassin – 06300 NICE (FRANCE)

Tel :   +33 493 830 876      /    Fax : +33 493 181 437

Camilla.nissen.michelis@brahin-avocats.

www.brahin-avocats.com

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The Calculation of Inheritance Tax

Posted on : November 28, 2025

This calculation is an essential step in the context of a gratuitous transfer, whether it involves movable property, real estate or agricultural enterprises.

The aim is to determine the taxes that each heir, donee or legatee must pay, depending on the value of the transferred assets, the applicable tax allowances, the relevant tax rates, and any possible reductions.

This text sets out the principles and steps involved in calculating inheritance tax based on the applicable legal and tax provisions.

  1. General Principles for Calculating Inheritance Tax

Traditionally, inheritance tax is calculated on the net share received by each beneficiary. This calculation is based on three main steps:

  • Application of tax allowances: Allowances may be general or specific and are applied to each taxpayer’s net taxable share.
    Calculation of tax according to a progressive rate: The applicable rate varies depending on the family relationship between the deceased and the beneficiary.
    Application of any reductions: Certain situations may give rise to tax reductions based on specific criteria.

Special rules relating to the location of assets

When an estate includes assets located in different territories—such as mainland France, the overseas departments, French Polynesia, Saint-Pierre and Miquelon, Wallis and Futuna, or the French Southern and Antarctic Lands—inheritance tax is calculated on the total value of the estate, taking into account the relevant allowances, charges, and deductions.

However, the tax due is only payable in proportion to the value of the assets located in the territories covered by the French Tax Code (Code général des impôts).

  1. Content of the Inheritance Tax Return

The inheritance tax return must include the information necessary for calculating the tax, including:

  • Determination of the taxable shares allocated to each heir, donee or legatee.
    • Calculation of the tax owed by each person, taking into account exemptions, allowances, rates and possible reductions.

Specific Allowances Depending on the Degree of Kinship

  1. Main allowances for direct and collateral relatives
  • The parents and children of the deceased are entitled to an allowance of €100,000 on their inheritance share.
    • The deceased’s siblings may benefit from an allowance of €15,932, unless the conditions of Article 796-0 ter of the French Tax Code are met.

 

  1. Nephews and nieces
  • Nephews and nieces of the deceased are entitled to an allowance of €7,927 on their inheritance share.
  1. Special allowance for heirs with disabilities
  • Heirs with disabilities are entitled to a special allowance of €159,325, regardless of their degree of kinship with the deceased.
  1. Allowance in the absence of any other allowance
  • If no other allowance applies, an allowance of €1,594 is granted for each inheritance share. This applies to any heir or legatee, regardless of kinship—even in the absence of any family relationship.

Special Rules Related to Kinship

  • Transfers between foster parents and children raised by the State or by the Nation may, under certain conditions, benefit from the tax rate applicable to direct descendants.
    • In cases of simple adoption, kinship is not taken into account when calculating inheritance tax.

Conclusion

In matters of inheritance tax, the applicable allowances vary mainly depending on the degree of kinship between the deceased and the heirs. The most substantial allowances apply to parents, children, siblings, and nephews and nieces.

Heirs with disabilities benefit from a special allowance, while a standard allowance of €1,594 applies if no other allowance is available, regardless of kinship. These rules allow the tax burden to be adjusted according to family proximity and specific personal circumstances.

The calculation of inheritance tax is based on general principles, including the application of allowances, the calculation of tax according to progressive rates, and potential reductions. Special rules apply when estate assets are located in different territories.

Finally, the inheritance tax return must contain all the necessary information to determine the tax owed by each beneficiary. These rules help ensure a fair and legally compliant distribution in accordance with the tax laws in force.

 

Med venlig hilsen / Kind regards

Cabinet Nicolas BRAHIN

Advokatfirma i NICE, Lawyers in NIC

Camilla Nissen MICHELIS

Assistante – Traductrice

1, Rue Louis Gassin – 06300 NICE (FRANCE)

Tel :   +33 493 830 876      /    Fax : +33 493 181 437

Camilla.nissen.michelis@brahin-avocats.com

www.brahin-avocats.com

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What is a real estate civil company (SCI)?

Posted on : November 21, 2025

A société civile immobilière (SCI) is a legal structure composed of at least two people, each holding the status of partner, allowing the management of one or more real estate properties for non-commercial purposes. The property portfolio is owned by the SCI, and each partner receives shares proportional to their contribution.

There are different types of SCIs depending on your needs, such as:
• management or rental SCI,
• time-share use SCI,
• family SCI,
• etc.

Like all companies, an SCI has articles of association governing its functioning. Drafting these articles makes it possible to define decision-making procedures, for example, unanimous approval or majority voting.

In addition, the partners of an SCI appoint a manager (gérant), who is responsible for the day-to-day management of the company’s property or properties, without needing to carry out formal procedures with the other partners.

SCI and joint ownership: what is the difference?
Co-owning a property with several people most often occurs under the regime of joint ownership (indivision). This structure requires no formalities and applies automatically, particularly in inheritance situations involving several heirs.

Under joint ownership, each co-owner holds an ideal (undivided) share, but their rights extend to the entire property. In contrast, in an SCI, each partner holds only the shares they have contributed, and their rights are limited to those shares.

SCI: what are the advantages?
An SCI makes it easier to manage and transfer a real estate portfolio.

Management of properties within an SCI
In an SCI, debts and profits generated by the company’s properties are shared among the partners. If work needs to be carried out on the properties the company owns, the costs are borne by all partners in proportion to their shares.
Furthermore, selling a property requires at least the approval of partners representing the majority of the company’s shares. In the event of disagreement or conflicting intentions, the SCI structure helps protect the property portfolio. This makes an SCI particularly well-suited for managing family property.

Transfer of property within an SCI
An SCI also makes it easier to transfer property. If, as parents, you wish to transfer a property to your children, you may gradually transfer shares in the SCI to them. This allows you to benefit from the tax allowances applicable to direct-line inheritance, amounting to €100,000 per child for each donation, renewable every 15 years.

What steps are required to create an SCI?
To set up an SCI, you must:
• draft the articles of association, specifying the manager and the company’s registered address (which may be the manager’s residence),
• contribute and deposit the company’s capital in a bank,
• publish a notice of incorporation in a legal announcement newspaper,
• register the company online.

What taxation applies to an SCI’s profits?
Your SCI can generate profits if the properties it owns are rented out and you receive rental income.

Real estate income received through an SCI is subject to personal income tax. Each partner must declare the amounts they receive from the SCI in their personal tax return.

If your SCI rents out furnished properties, this may be considered a commercial activity. This is the case if the SCI engages in commercial activity to an extent that is no longer incidental to its civil purpose—i.e., if it exceeds 10% of turnover excluding VAT. In such cases, the company becomes subject to corporate tax.

Med venlig hilsen / Kind regards

Cabinet Nicolas BRAHIN
Advokatfirma i NICE, Lawyers in NICE
Camilla Nissen MICHELIS
Assistante – Traductrice
1, Rue Louis Gassin – 06300 NICE (FRANCE)
Tel : +33 493 830 876 / Fax : +33 493 181 437
Camilla.nissen.michelis@brahin-avocats.com www.brahin-avocats.com

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Life Insurance and Death Insurance: What Are the Differences?

Posted on : October 1, 2025

Confusion between life insurance and death insurance is common. However, they are two very different types of contracts. What characterizes these contracts?

 

How and for what purpose can you take them out? Explanation.

 

Life Insurance: What Are Its Features?

Life insurance is a medium- to long-term savings product.

 

Once the contract is opened with an initial deposit, you can make contributions (also called premiums), regular or not, without any limit on the amount.

 

When the contract ends, the beneficiaries (yourself or a third party designated in the contract) receive the accumulated capital or a lifetime annuity.

 

Life insurance is also an interesting investment tool for estate planning. It allows you to designate one or more beneficiaries through the beneficiary clause.

 

Contracts taken out in the name of a spouse, civil union partner (PACS), certain non-profit organizations, or in favor of siblings, may under certain conditions be exempt from inheritance tax.

 

In other cases, the capital may be taxable depending on:

  • the date the contract was opened,
  • the date of payments,
  • your age at the time of payments,
  • the amount of capital paid to beneficiaries.

 

What Are the Main Types of Life Insurance Contracts?

When you take out life insurance, you can choose between two main types of contracts:

  • Single-asset contracts, also called euro funds,
  • Multi-asset contracts, also called unit-linked contracts.

 

Contributions made to a euro fund are guaranteed, but the return is limited.

 

Multi-asset contracts usually include a portion in euro funds and a portion in unit-linked investments. Unit-linked life insurance is riskier than euro funds.
Important: there is no guarantee you will get back your full investment if you choose unit-linked funds.

 

You may suffer capital losses depending on financial market fluctuations. That’s why it’s recommended to invest over the long term to smooth out market volatility and maximize potential returns.

 

Investing in unit-linked funds gives you access to a wide range of financial instruments with varying degrees of volatility.

 

Thus, before investing in unit-linked funds, it’s important to determine your risk profile with your bank advisor or insurance company, your wealth goals, and your investment horizon.

 

Unit-linked funds are typically invested in shares of mutual funds (UCITS) that hold stocks or bonds. Your payments can also be invested in property funds through real estate investment companies (SCPI).

 

Life Insurance: A Flexible Investment

Life insurance is notable for its flexibility.

 

When you take out a life insurance policy, you are free to request partial redemptions or a full withdrawal of your accumulated capital at any time.

 

This option is subject to the beneficiary’s acceptance (which may be a different person than the contract holder). The beneficiary must provide written consent if they have accepted their designation according to the legal procedure.

 

A full withdrawal terminates the contract. You can also ask your insurer for a loan (advance) on your contract. This advance is a loan granted by the insurance company, and interest is charged at the rate set in the contract.

 

What Are the Tax Rules for Life Insurance?

Life insurance is attractive in part due to its tax advantages. Only gains are taxable when you make a withdrawal (partial or full).

 

The taxation of life insurance depends on several factors:

 

  • the date of premium payments,
  • and the contract’s duration.

 

Since September 27, 2017, gains from premiums paid after that date are subject to a flat tax (PFU) of 30% if the contract is less than eight years old.

 

After eight years, you benefit from an annual tax exemption of €4,600 (or €9,200 for married or civil union couples filing jointly), and a reduced tax rate of 24.7% on gains (income tax and social contributions) if the total premiums paid are less than €150,000.

 

Tax on Gains from Premiums Paid Before September 27, 2017

For premiums paid before this date, your gains are subject to either:

 

  • the progressive income tax scale via your tax return, or
  • a withholding flat tax (PFL) if you choose it.

 

In all cases, social contributions of 17.2% also apply.

 

Contract Age Taxation
0 to 4 years Income tax scale or PFL at 35% + 17.2% social contributions
4 to 8 years Income tax scale or PFL at 15% + 17.2% social contributions
Over 8 years Income tax scale or PFL at 7.5% + 17.2% social contributions

Tax on Gains from Premiums Paid After September 27, 2017

For premiums paid after this date, gains are taxed based on the contract’s duration and the amount of premiums paid.

 

Contract Age Taxation
0–8 years Flat tax (PFU): 30% (= 12.8% income tax + 17.2% social contributions)
Over 8 years with premiums < €150,000 7.5% income tax + 17.2% social contributions
Over 8 years with premiums > €150,000 PFU: 30% (12.8% + 17.2%)

 

The €150,000 limit applies to all your life insurance contracts combined.

 

According to the tax authorities, when your total premiums across all contracts exceed €150,000, only the portion of gains related to the first €150,000 in premiums qualifies for the 7.5% rate.

 

If you wish, you can opt for taxation under the progressive income tax scale, but this will then apply to all your investment income.

 

Additional Notes:

Individuals whose reference taxable income (revenu fiscal de référence) in year N-2 is below €25,000 (or €50,000 for joint taxpayers) may request exemption from the non-liberatory withholding tax (12.8% or 7.5%).

 

After 8 years, you benefit from an annual exemption of €4,600 (€9,200 for married/PACS couples filing jointly) on your withdrawal gains — this portion is not subject to income tax.

 

In Which Cases Can You Be Exempt from Tax?

You may be exempt from income tax on withdrawals or contract termination if you are:

 

  • dismissed from your job,
  • liquidated due to bankruptcy,
  • forced into early retirement,
  • officially recognized as disabled (categories 2 or 3).

 

You must be the policyholder or their spouse/PACS partner, and the contract must be closed by the end of the year following the qualifying event.

 

Lifetime Annuity Payments: How Are They Taxed?

Life insurance allows you to convert your capital into a lifetime annuity. Your insurer guarantees periodic payments (monthly, quarterly, or semi-annually) until your death.

 

This option is irreversible: you permanently give up control over the capital in your contract. Therefore, you cannot pass on your life insurance at death.

 

The annuity amount depends on:

  • the size of the capital,
  • your age when the annuity begins.

The annuity is taxable (income tax and social contributions).

 

The taxable portion of the annuity depends on your age at first payment and is fixed as follows:

 

  • 70% taxable if you are under 50,
  • 50% if you are between 50 and 59,
  • 40% if you are between 60 and 69,
  • 30% if you are over 69.

 

Death Insurance: What Is It?

Death insurance is a protection policy. You pay premiums to the insurance company, which pays a lump sum or annuity to your beneficiaries upon your death.

 

Unlike life insurance, you cannot be the beneficiary yourself. You must designate one or more people as beneficiaries when signing the contract. The amount to be paid is also fixed at the time of signing.

 

There are two types:

 

  • Term death insurance: valid for a set period,
  • Whole-life death insurance: valid indefinitely.

 

Insurance to Protect Your Loved Ones

Death insurance is a tool to protect your family financially against unexpected life events, especially if you die or become permanently disabled.

 

Depending on the policy, additional coverage may include:

 

  • Accidental death,
  • Total and irreversible loss of autonomy,
  • Illness (if diagnosed after the contract starts),
  • Temporary unemployment.

 

 

How Much Does Death Insurance Cost?

The cost of death insurance varies by contract and the capital to be paid to beneficiaries.

 

The premium also depends on your personal situation:

  • your age at contract start,
  • your lifestyle,
  • your health condition.

 

What Tax Applies to the Capital From Individual Death Insurance?

The capital paid to the designated beneficiaries is not part of the estate and is therefore not subject to inheritance tax.

 

However, this exemption depends on certain conditions:

 

  • Premiums paid after age 70 are included in the estate and subject to tax, with a €30,500 allowance for all premiums paid.
  • If you die before age 70, only the premiums paid in the last year of the contract are taxable, at a rate of 20%, after a €152,500 allowance. For amounts above €700,000, the rate is 31.25%.

 

Full tax exemption applies if the beneficiary is the deceased’s spouse or **PACS partner.

 

Med venlig hilsen / Kind regards

Cabinet Nicolas BRAHIN

Advokatfirma i NICE, Lawyers in NIC

Camilla Nissen MICHELIS

Assistante – Traductrice

1, Rue L

ouis Gassin – 06300 NICE (FRANCE)

Tel :   +33 493 830 876      /    Fax : +33 493 181 437

Camilla.nissen.michelis@brahin-avocats.com

www.brahin-avocats.com

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