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Estimating the inheritance tax: the exercise is not simple but essential

Posted on : November 21, 2022

The French overestimate the amount of inheritance tax they will have to pay and have little knowledge of the mechanism.

Understanding how they are calculated in order to evaluate their importance is essential when considering the transfer of one’s estate.

Here are the instructions to follow, step by step, through the example of a couple married in community of property, with two children and a common heritage of 1 million euros.

  • Identify the assets that are part of the estate

When couples are married without a marriage contract, all assets (housing, car, securities…) purchased during their union are common.

At the death of the first of them, half of these assets become part of the estate and will go to his heirs, including the surviving spouse.

The other half continues to belong to him.

The estate then includes the assets that belonged to the deceased (those acquired before the marriage or received by donation or inheritance, even afterwards).

Be careful, the income from the own property is common property. If the deceased owned a property that he rented out, the rents are common property as explained by the solicitor network.

  • Assessing the value of the estate

The real estate assets are evaluated at their market value, except for the couple’s main residence which generally benefits from a 20% deduction upon the death of the first spouse.

As for the furniture (beds, tables, silverware…), it is possible to retain a flat rate of 5% which is calculated depending on all the other assets of the estate.

However, it is often preferable to estimate the furniture by making a detailed inventory (their value is often less than 5% of the value of the house).

  • Calculating the share of the estate for each child

In the absence of a will or a donation to the surviving spouse, the children share either three quarters of the estate (if their surviving parent opts for one quarter of the estate in full ownership), or they share the bare ownership of the entire estate (if the survivor opts for usufruct).

This second case is, by far, the most frequent.

The spouse does not pay any duty on his or her share of the estate.

As for the value of the bare ownership of the children, it is evaluated according to a scale fixed according to the age of the usufructuary parent.

For example, on an estate valued at 500,000 €, the bare ownership is worth 400,000 € if the surviving spouse is between 81 and 90 years old (80% of 500,000 €) and is worth 450,000 € if he or she is 91 years old or older (90%).

  • To abate 100,000 (E) of the deduction from which each one benefits

The value of the bare ownership is shared between the children.

From their individual share, the allowance currently fixed at 100 000 €, from which each one benefits, must be deducted.

For example: on a bare ownership of 400,000 €, each receives 200,000 € and is taxed on 100,000 € (after deduction of the allowance of 100,000 €).

This deduction is only fully effective if the deceased did not make any donation to his children in the 15 years preceding his death.

If the children have benefited from it, the 100,000 € deduction has already been used or has been used up. In this case, only the balance is available.

Example: if the children already received 70,000 € ten years before the death, only 30,000 € of the allowance remains to be deducted.

All donations made by the deceased under 15 years are taken into account, whether they are handmade or notarized, with the exception of family donations of cash, which are exempt up to 31,865 € (these are gifts of money made to a child who has reached the age of majority before 80 years).

Donations declared to the tax authorities for more than 15 years are ignored when calculating the inheritance tax.

  • Apply the progressive scale

On the net taxable share of each child, the scale of inheritance tax “in direct line” is then applied.

This scale is progressive.

As the taxes are calculated child by child, the bottom of the scale (taxed at 5% and 20% up to 552 325 €) is used each time.

As a result, the more children there are, the lower the tax payable.

Example: for a taxable asset of 400,000 €, the rights to be paid are 58,194 € in the presence of an only child, 36,388 € if there are two children (18,194 € per child) and 14,582 € for three children (4,861 € per child).

  • Estimating the inheritance tax on the surviving spouse’s estate

When the second spouse dies, the children are taxed on the surviving spouse’s assets.

Namely: half of the joint property he/she owned, his/her own property and, possibly, one quarter of his/her spouse’s estate which he/she inherited.

If he/she had opted for the usufruct of his estate, the children do not pay any tax on the value of this usufruct which falls to them when the surviving parent dies in turn.

Example: the children are only taxed on the 500,000 € of joint property that belonged to the survivor. The 100,000 € of usufruct will revert to them without additional tax.

If the surviving parent has not made a donation to them in the last 15 years, the children receive another 100,000 € allowance on their share and each of them benefits from the bottom of the inheritance tax scale.

  • Summary for the entire estate

To find out the level of taxation of the family estate to be passed on, simply add up the taxes due by each child after the death of each parent.

Thus, according to the estimations the solicitor network, for a joint estate of 1,000,000 €, the taxes to be paid total are 136,388 € in the presence of one child, setting a tax rate of 13.64%.

With two children, this rate falls to 9.28% (92,776 €) and to 4.92% with three children (49,164 €).

Nicolas BRAHIN

Lawyer of the Bar of Nice

Specialist in banking and financial law

Panthéon-Sorbonne University

Cabinet BRAHIN Avocats

nicolas.brahin@brahin-avocats.com

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CONTROL OF THE DETERMINATION OF THE ENFORCEABILITY OF A FOREIGN DECISION

Posted on : October 12, 2022

Review of the finding of enforceability of a foreign decision

The Regulation determines jurisdiction, recognition and enforcement of judgments in civil and commercial matters within the Member States of the European Union (EU).
The regulations determine the jurisdiction of the courts in civil and commercial matters. It stipulates that decisions rendered in a Member State of the European Union (EU) are recognized in the other Member States, without the need to resort to any procedure except in the event of a dispute. A declaration relating to the enforceability of a decision must be issued after a simple formal check of the documents provided, without the court being able to automatically raise one of the grounds for non-execution provided for by the regulation.

The regulations do not cover tax, customs or administrative matters or the following matters:

– the status and capacity of natural persons, matrimonial regimes, wills, successions;
– bankruptcies;
– social Security;
– arbitration.

Summary :

I – COUNCIL REGULATION (EC) N°44/2001 OF 22 DECEMBER 2000 ON JURISDICTION, RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

II – THE JUDGMENT OF APRIL 12, 2012 OF THE FIRST CIVIL CHAMBER OF THE COURT OF CASSATION

III – DIFFICULTIES IN ENFORCING FOREIGN DECISIONS CONCERNING COLLECTIVE PROCEEDINGS

file to download:

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Note on the creation of an LLC “SRL” in ROMANIA

Posted on : October 11, 2022

Contact us quickly to create your company in Romania!

The SRL (limited liability company), equivalent to the SARL in France, is the form of organization of a company most used in ROMANIA.

It has limited liability before the law and its owners.

It is also one of the safest arrangements for associates.

LLC “SRL” is also the cheapest way to set up a business with a share capital of 200 RON (about 45 EUR).

The creation of this type of company can be carried out within 3 working days following the filing of the file with the commercial register in the area where the registered office of the company is located.

Legislation of LLC “SRL” in ROMANIA

The law governing the acts and steps necessary for the establishment of the LLC “SRL” is the Companies Law no. 31/1990 – with amendments (Law no. 163/2018).

Furthermore, associations within an LLC “SRL” are only responsible for the registered assets of the company.

The number of partners is limited to 50.

However, a natural or legal person can be the sole shareholder.

Steps to follow for the creation of an LLC “SRL” in ROMANIA

In order to be able to create a LLC “SRL” in ROMANIA, the following steps must be taken:

  • Establish the corporate purpose of the company;
  • The main and secondary activities must be established in accordance with the classification of the “CAEN” code;
  • You must reserve the name of the future company (once the verification on the Trade Register site has been made);
  • Specify the legal form of the company, in this case a SARL “SRL”;
  • You must establish the registered office of the company registered with the “ANAF” (provide proof of address such as a deed of ownership or lease);
  • Draft the articles of association and deposit the share capital (minimum 200 RON or approximately 45 EUR) with a bank;
  • Submit the entire file to the commercial register for the purposes of registration of the company.

The methods of taxation of an LLC “SRL” in ROMANIA

There are two tax options:

The LLC “SRL” will have to pay a 3% tax on turnover

For example, if a product or service is sold at 100 RON (approximately 22 EUR) + VAT (for companies subject to VAT) or at 100 RON final price (for companies not subject to VAT ), a tax of 3 RON (about 0.67 cents).

The payment of taxes is quarterly in the month following a calendar quarter.

The LLC “SRL” will have to pay a tax of 16% on the profit

The LLC “SRL” will have to pay a tax of 16% on the profit, i.e. the difference between income and expenses.

For example, if we have an income of 100 RON and expenses incurred to obtain this income, amounting to 90 RON, the profit is 10 RON and a quarterly tax of 1.6 RON will have to be paid.

In either case, after paying this tax to the state, you must also pay 16% dividend tax.

In order to decide which type of tax is right for your business, you need to calculate in advance the profit margins that you will be working on.

However, if you exceed a turnover of €65,000, you will automatically be included in the profit tax payment category.

The cost for the creation of a ROMANIAN LLC “SRL”

The cost for the creation can vary between 400 RON and 1000 RON or between 90 EUR and 225 EUR.

The cost of the domiciliation of a SARL

The cost of the domiciliation of a SARL varies between 150 and 300 EUR per year.

Contact us quickly to create your company in Romania!

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CONDITIONS FOR THE ACQUISITION OF FRENCH NATIONALITY

Posted on : October 11, 2022

THE CONDITIONS FOR THE ACQUISITION OF FRENCH NATIONALITY

  1. Acquisition of French nationality by naturalization and declaration
  2. Acquisition of French nationality by naturalization
  3. Declaration of French nationality by marriage
  4. Declaration of French nationality by a French ascendant
  5. Declaration of French nationality by a French brother or sister
  1. French nationality of a child
  2. Child born in France to foreign parents
  3. a) Acquisition of French nationality between the ages of 13 and 16
  4. b) Acquisition of French nationality between the ages of 16 and 18
  5. c) Acquisition of French nationality at age 18
  6. Adopted child
  7. a) Simple adoption
  8. b) Plenary adoption
  1. Reintegration into French nationality
  2. Marriage with a foreigner
  3. Change of nationality of parents
  4. Exercise of certain public offices

1. Acquisition of French nationality by naturalization and declaration

  1. Acquisition of French nationality by naturalization as of June 25, 2018

Naturalization is a method of acquiring French nationality that is not automatic. You must meet all the following conditions to acquire French nationality by naturalization.

Terms

1) Age

You must be of legal age to be naturalized (art. 21-22 al. 1 of the Civil Code).

However, you can submit your application from the age of 17, but your naturalization decree will only take effect when you reach majority.

The naturalization of a minor child, who has remained a foreigner although one of his parents has acquired French nationality, can be requested. The child must have resided in France with this parent for at least 5 years on the date of the request (art. 21-22 al. 2 of the Civil Code).

2) Residence in France

You must reside in France at the time of signing the naturalization decree. The notion of residence is broader than the usual notion of domicile. It implies that you must have the center of your material interests (particularly professional) and your family ties in France. If you live in France but your spouse and/or your children live abroad, you may be refused French nationality (art. 21-16 of the Civil Code).

The length of your stay in France depends on your situation.

Duration of residence required according to your situation

Situation Duration of residence in France
General case (art. 21-17 of the Civil Code) 5 years
2 years of successfully completed studies to obtain a diploma from a French higher education establishment (art. 21-18 al. 1 of the Civil Code) 2 years
Contribution to the influence of France (art. 21-21 of the Civil Code) 2 years
Exceptional integration path (activities or actions carried out in the civic, scientific, economic, cultural or sporting fields, etc.) (art. 21-18 al. 2 and 3 of the Civil Code). 2 years
Military service in the French army (art. 21-19 §4 of the Civil Code) No minimum duration
Voluntary enlistment in the French or allied armies, in time of war (art. 21-19 §4 of the Civil Code) No minimum duration
Exceptional services to France (decree of naturalization taken after consulting the Council of State on a reasoned report from the competent minister) (art. 21-19 §5 of the Civil Code) No minimum duration
Refugee status in France (art. 21-19 §6 of the Civil Code) No minimum duration
Belong to a State of which at least one of the official languages ​​is French, and either have French as their mother tongue, or have attended school for at least 5 years in a French-language teaching establishment (art. 21-20 of the Code civil) No minimum duration

By way of derogation, even if you live abroad, you can be naturalized by decree subject to fulfilling one of the following conditions (art 21-26 of the Civil Code):

  • You carry out a public or private professional activity on behalf of the French State or an organization whose activity is of particular interest to the French economy or culture
  • You are staying in Monaco
  • You are doing your national service or are engaged in regular French army training
  • You are a national service volunteer

If you live abroad, the assimilation of residence which benefits one of the spouses extends to the other and to their minor children, if they actually live together (art 21-26 al. 2 of the Civil Code) .

3) Regularity of stay

You must have a valid residence permit when you submit your application, unless you have the nationality of a country of the European Economic Area or if you are Swiss (art. 21-27 § 3 of the Civil Code).

You must not have been the subject of an expulsion order or a ban from French territory still in force (art. 21-23 and 21-27 of the Civil Code).

4) Adherence to the values ​​of the Republic

You must prove your assimilation to the French community, in particular in the following way:

  • By your adherence to the essential principles and values ​​of the Republic (art. 21-24 of the Civil Code, Decree no. 93-1362 of 30 Dec. 1993, art. 33-2 and art. 37 and following, Decree . no. 2012-127 of 30 Jan. 2012)
  • Through a sufficient knowledge of French history, culture and society (art. 21-24 of the Civil Code, Law no. 2003-1119 of 26 Nov. 2003).

5) Knowledge of the French language

You must prove that you have sufficient oral knowledge of the French language to enable you to deal with everyday situations (art. 21-24 and 21-24-1 of the Civil Code, Law no. 2011-672 of June 16, 2011, art 2).

6) Occupational integration

Professional integration is an essential condition for assimilation and integration in France (concerning the applicant’s resources or even art. 21-16 of the Civil Code).

However, it is assessed on the whole of the professional career and not only on your specific situation at the time of your request.

The nature of the employment contract (CDD, temporary contracts) is not an obstacle in itself as long as the activity provides sufficient and stable resources.

7) Morality and lack of criminal convictions

You must be of good character and morals (art. 21-23 al. 1 of the Civil Code).

You must not be in one of the following situations (see art 21-27 of the Civil Code):

  • Have been sentenced in France to a sentence of at least 6 months in prison without suspension (except in the event of rehabilitation or deletion of the conviction on bulletin n°2 from your criminal record)</li >
  • Have been convicted of a crime or misdemeanor constituting an attack on the fundamental interests of the Nation (except in the event of rehabilitation or erasure of the conviction of bulletin n°2 from your criminal record)</li >
  • Have been convicted of an act of terrorism (except in the event of rehabilitation or erasure of the conviction in bulletin no. 2 from your criminal record).

Reference texts

Acquisition of French nationality by decision of the public authority

Provisions common to certain modes of acquisition of French nationality

Effects of acquiring French nationality

Administrative decisions

Articles 35 to 52

B. Declaration of French nationality by marriage

as of April 04, 2018

Marriage to a Frenchman has no automatic effect on nationality (art. 21-1 of the Civil Code).

The acquisition of French nationality is done according to the declaration procedure if a certain number of conditions are met (duration of the marriage, community of life, assimilation, etc.).

To acquire French nationality by declaration, all the following conditions must be met:

1) Spouse’s French nationality

Your spouse must be of French nationality on the day of your wedding and have retained French nationality since that date (art.21-2 al 1 of the Civil Code).

2) Validity of marriage

Only a valid marriage under French law, whether celebrated in France or abroad, allows the acquisition of French nationality. In particular, any marriage in which one of the spouses would be in a state of polygamy due to a previous undissolved marriage is excluded (Circular of the Ministry of Immigration of December 29, 2009 relating to the procedure for acquiring French nationality due to marriage, art. 147 of the civil code).

3) Length of marriage

You must have been married for 4 years to a Frenchman on the date of your declaration (art. 21-2 al. 1 of the Civil Code).

This duration is 5 years in the following 2 cases (art.21-2 al. 2 of the Civil Code):

  • You have lived in France for less than 3 years continuously since your marriage;
  • In the event of residence abroad, your spouse has not been registered in the consular registers for the duration of your cohabitation.

4) Place of the wedding

If your marriage was celebrated abroad, it must have been transcribed in the French civil status registers (Circular of the Ministry of Immigration of December 29, 2009 relating to the procedure for acquiring French nationality due to marriage).

5) Regular stay

You must be legally resident in France (provided with a temporary document or a residence permit) (art. 21-27 § 3 of the Civil Code).

You must not have been the subject of an expulsion order or a ban from French territory still in force (art. 21-23 and 21-27 of the Civil Code).
6) Community of life

The emotional and material community of life must not have ceased with your spouse since your marriage. (Circular of the Ministry of Immigration of December 29, 2009 relating to the procedure for acquiring French nationality by reason of marriage, articles 203, 212, 213, 214 and 215 of the Civil Code).

7) Oral knowledge of the French language

You must prove that you have sufficient oral knowledge of the French language to enable you to deal with everyday situations (corresponding to oral level B1 of the Common European Framework of Reference for Languages ​​of the Council of Europe) ( art.21-2 al 3 of the Civil Code, Law no 2011-672 of June 16, 2011, art 3).

In addition, applicants for naturalization must have sufficient knowledge of French history, culture and society (art. 21-24 of the Civil Code, Law no. 2003-1119 of Nov. 26, 2003) and adhere to the essential principles and values ​​of the Republic (art. 21-24 of the Civil Code, Decree no. 93-1362 of 30 Dec. 1993, art. 33-2 and art. 37 et seq., Decree no. 2012-127 of 30 Jan 2012)

8) Absence of criminal conviction

You must not be in one of the following situations (Article 21-27 of the Civil Code):

  • Have been sentenced in France to a sentence of at least 6 months in prison without suspension (except in the event of rehabilitation or erasure of the conviction on bulletin n°2 from your criminal record)</li >
  • Have been convicted of a crime or misdemeanor constituting an attack on the fundamental interests of the Nation (except in the event of rehabilitation or erasure of the conviction in bulletin n°2 from your criminal record)</li >
  • Have been convicted of an act of terrorism (except in the event of rehabilitation or erasure of the conviction in bulletin no. 2 from your criminal record)

Reference texts

Acquisition of French nationality by reason of marriage

Provisions common to certain modes of acquisition of French nationality

Declarations of nationality

Stamp duty

C. Declaration of French nationality by a French ascendant

as of March 30, 2018

If you are a foreigner over the age of 65, ascendant direct from French and you have lived in France for at least 25 years, you can make a declaration of French nationality.

You must meet the following conditions as of the date of your return:

  • Be over 65;
  • Being the direct ascendant of a French person (parents, grandparents, great-grandparents);
  • Reside in France on a regular basis (with a temporary document or a residence permit) and habitual for at least 25 years;
  • Not to have been sentenced in France to a sentence of at least 6 months in prison without suspension (except in the event of rehabilitation or deletion of the conviction from bulletin n°2 from your criminal record);
  • Not to have been convicted of a crime or misdemeanor constituting an attack on the fundamental interests of the Nation (except in the event of rehabilitation or erasure of the conviction of bulletin n°2 from your criminal record);
  • Not to have been convicted of an act of terrorism (except in the event of rehabilitation or deletion of the conviction of bulletin n°2 from your criminal record);
  • Not have been the subject of an expulsion order or a ban from French territory still in force.

Reference texts

Declaration of French nationality by a French ascendant (article 21-13-1)

Provisions common to certain modes of acquisition of French nationality

Declarations of nationality

Stamp duty

D. Declaration of French nationality by a French brother or sister as of April 05, 2018

If you are the brother or sister of a person who has acquired French nationality, you can, at your majority and under certain conditions, make a declaration of French nationality.

The conditions to be met relate to your brother or sister and yourself.

By your brother or sister

Your brother or sister must meet the following 2 conditions:

  • Being born in France to foreign parents;
  • Have acquired French nationality.

His French nationality must have been acquired in one of the following ways:

  • At the age of majority, because of his habitual residence in France on that date and for a continuous or discontinuous period of at least 5 years since he was 11 years old;
  • At 16, because of his habitual residence in France when he declared his nationality and for a continuous or discontinuous period of at least 5 years since he was 11;
  • At the age of 13, at the request of his parents, due to his habitual residence in France for a continuous or discontinuous period of at least five years since he was 8 years old.

By yourself

You must meet the following conditions on the date of your declaration:

  • Has usually resided in France since the age of 6;
  • Reside in France on a regular basis (provided with a temporary document or a residence permit);
  • Have completed compulsory education in France in an establishment that has signed an agreement with the State;
  • Not to have been sentenced in France to a sentence of at least 6 months in prison without suspension (except in the event of rehabilitation or deletion of the conviction from bulletin n°2 from your criminal record);
  • Not to have been convicted of a crime or misdemeanor constituting an attack on the fundamental interests of the Nation (except in the event of rehabilitation or erasure of the conviction of bulletin n°2 from your criminal record);
  • Not to have been convicted of an act of terrorism (except in the event of rehabilitation or deletion of the conviction of bulletin n°2 from your criminal record);
  • Not have been the subject of an expulsion order or a ban from French territory still in force.

Reference texts

Declaration of French nationality by a French brother or sister (article 21-13-2)

Provisions common to certain modes of acquisition of French nationality

Declarations of nationality

Stamp duty

2. French nationality of a child

  1. Child born in France to foreign parents

as of March 16, 2017

A child born in France to foreign parents can acquire French nationality. Depending on his age, the conditions to be met and the steps to be taken are different.

  1. a) Acquisition of French nationality between the ages of 13 and 16

Terms

Foreign parents of a child between the ages of 13 and 16, who was born in France and has habitually resided there since the age of 8, may claim French nationality on their behalf by declaration. . The consent of the child is mandatory, unless his mental or physical faculties do not allow it (art. 21-11 al. 2 of the Civil Code).

  1. b) Acquisition of French nationality between the ages of 16 and 18

Terms

A child born in France to foreign parents can become French without waiting for their majority. He can, from the age of 16, claim French nationality by declaration if at the time of this declaration:

  • he lives in France,
  • and if he has had his habitual residence in France for a continuous or discontinuous period of at least 5 years, since the age of 11.

He can do this alone without parental authorization (unless he is prevented from expressing his will by an alteration of his mental or bodily faculties) (art. 21-11 al. 1 of the Civil Code).

  1. c) Acquisition of French nationality at age 18

Terms

Any child born in France to foreign parents acquires French nationality at the age of 18 if, on that date:

  • he lives in France,
  • and if he has had his effective and habitual residence in France for a continuous or discontinuous period of at least 5 years, since the age of 11 (art. 21-7 al. 1 of the Civil Code).

Reference texts

Civil Code: Articles 21-7 to 21-11, Articles 21-26 to 21-27-1, Articles 26 to 26-5.

  1. Adopted child

as of April 16, 2018

  1. a) Simple adoption

Simple adoption does not allow the adopted child to automatically acquire French nationality. The child who has been the subject of a simple adoption by a French person must request it by making a declaration.

Terms

  • The adopted child must be a minor.
  • He must reside in France at the time of the declaration (unless it is a child adopted by a Frenchman who does not have his habitual residence in France).
  • If the adoption was pronounced abroad, the act which establishes it must have been the subject of an exequatur decision in France.
  • The adopter must have been French on the date of the adoption, but it does not matter if he became a foreigner afterwards.
  1. b) Plenary adoption

A child adopted in full form by a Frenchman is French by descent. He is considered French from birth and does not have to claim this quality.

It does not matter whether the parents are married or not, as long as the French parent appears on the child’s birth certificate.

If the parent subsequently loses French nationality, this has no consequence on the nationality of the child.

Reference texts

Acquisition of French nationality by reason of filiation

Acquisition of French nationality by reason of birth and residence in France

Declaration of nationality following a simple adoption (article 21-12)

Declaration of nationality

  1. Reinstatement of French nationality by declaration

as of April 17, 2018

Reintegration allows a person who has possessed and then lost French nationality to regain it for the future. When it meets the legal conditions, reinstatement by declaration is a right. The administration does not have the power to oppose it.

  1. Marriage with a foreigner

You can ask to be reinstated in the French nationality if you lost it because of a marriage with a foreigner whose country does not accept the double nationality. This faculty is open to your unmarried minor children subject to having the same habitual residence, or in the event of separation or divorce, an alternating residence.

Terms

1) Links with Francee

You must have maintained or acquired clear links with France, in particular of a cultural, professional, economic or family nature.

2) Regular stay in France

You must be legally resident in France (provided with a temporary document or a residence permit).

You must not have been the subject of an expulsion order or a ban from French territory still in force.

3) Absence of criminal convictions

You must not be in one of the following situations:

  • Have been sentenced in France to a sentence of at least 6 months in prison without suspension (except in the event of rehabilitation or erasure of the conviction on bulletin n°2 from your criminal record)
  • Have been convicted of a crime or misdemeanor constituting an attack on the fundamental interests of the Nation (except in the event of rehabilitation or erasure of the conviction in bulletin n°2 from your criminal record)
  • Have been convicted of an act of terrorism (except in the event of rehabilitation or erasure of the conviction in bulletin no. 2 from your criminal record)

Reference texts

Civil Code: articles 24 to 24-3

Reinstatement of French nationality by declaration (article 24-2)

Civil Code: articles 26 to 26-5 

Declarations of nationality

Decree No. 93-1362 of December 30, 1993 relating to declarations of nationality, decisions on naturalization, reinstatement, loss, forfeiture and withdrawal of French nationality

B. Change of nationality of parents

You can be reinstated by declaration of French nationality if you lost it, during your minority, due to the voluntary acquisition by your parents of the nationality of a country that does not accept dual nationality. This faculty is open to your unmarried minor children subject to having the same habitual residence, or in the event of separation or divorce, an alternating residence.

Terms :

1) Age

You must be of legal age.

2) Residence in France

You must reside in France.

3) Regular stay in France

You must be legally resident in France (provided with a temporary document or a residence permit).

You must not have been the subject of an expulsion order or a ban from French territory still in force.

4) Absence of criminal convictions

You must not be in one of the following situations:

  • Have been sentenced in France to a sentence of at least 6 months in prison without suspension (except in the event of rehabilitation or erasure of the conviction on bulletin n°2 from your criminal record)
  • Have been convicted of a crime or misdemeanor constituting an attack on the fundamental interests of the Nation (except in the event of rehabilitation or erasure of the conviction in bulletin n°2 from your criminal record)
  • Have been convicted of an act of terrorism (except in the event of rehabilitation or erasure of the conviction in bulletin no. 2 from your criminal record)

Reference texts

Civil Code: articles 24 to 24-3

Reinstatement of French nationality by declaration (article 24-2)


Civil Code: articles 26 to 26-5 

Declarations of nationality

Decree No. 93-1362 of December 30, 1993 relating to declarations of nationality, decisions on naturalization, reinstatement, loss, forfeiture and withdrawal of French nationality

C. Exercise of certain public mandates

If you have held certain public offices (former member of the Parliament of the Republic, of the Assembly of the French Union, etc.), you can be reinstated in French nationality by declaration. This faculty is open to your unmarried minor children subject to having the same habitual residence, or in the event of separation or divorce, an alternating residence.

1) Age: You must be of legal age.

2) Domicile in France: you must have established your domicile in France.

3) Regular stay in France

You must be legally resident in France (provided with a temporary document or a residence permit).

You must not have been the subject of an expulsion order or a ban from French territory still in force.

4) Absence of criminal convictions

You must not be in one of the following situations:

  • Have been sentenced in France to a sentence of at least 6 months in prison without suspension (except in the event of rehabilitation or erasure of the conviction on bulletin n°2 from your criminal record)
  • Have been convicted of a crime or misdemeanor constituting an attack on the fundamental interests of the Nation (except in the event of rehabilitation or erasure of the conviction in bulletin n°2 from your criminal record)
  • Have been convicted of an act of terrorism (except in the event of rehabilitation or erasure of the conviction in bulletin no. 2 from your criminal record).

Reference texts

Civil Code: articles 24 to 24-3

Reinstatement of French nationality by declaration (article 24-2)

Civil Code: articles 26 to 26-5

Declarations of nationality

Decree No. 93-1362 of December 30, 1993 relating to declarations of nationality, decisions on naturalization, reinstatement, loss, forfeiture and withdrawal of French nationality.

Yours faithfully,

With my best regards,

20180904 Opinion legale CONDITIONS FOR THE ACQUISITION OF FRENCH NATIONALITY

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Real estate capital gain: calculation and exemptions

Posted on : October 11, 2022

The real estate capital gain realized on the occasion of a real estate sale is taxable on income (IR) and social security contributions.

However, many exemptions exist.

How is a real estate capital gain calculated?

The capital gain is taxable when it comes from a transfer for consideration: sale of real estate or the rights attached, exchange, contribution to a company, etc.

It is calculated in two steps:

  • the calculation of the gross capital gain (1), and
  • the application of allowances (2).
  • The calculation of the gross capital gain

The gross capital gain is the difference between the sale price and the acquisition price.

The sale price is the price mentioned in the deed of sale plus the charges and indemnities paid by the buyer (for example, an eviction indemnity) and reduced on receipt of the costs borne by the buyer. seller (for example, the cost of real estate diagnostics or mortgage discharge costs).

As for the acquisition price, it corresponds to the purchase price or the value that appears in the declaration of inheritance or in the deed of gift.

It is increased:

  • acquisition costs (notary fees, registration fees, etc.) of a lump sum of 7.5% of the purchase price or actual costs on receipts; and
  • work for a lump sum of 15% of the purchase price for a property held for more than five years or at actual costs on receipts.

Example: for a purchase price of €200,000, fixed valuations allow the price to be increased by €15,000 for acquisition costs and €30,000 for works.

  • The application of allowances

To this capital gain apply deductions for duration of detention.

Holding period Reduction rate applicable each year of ownership for income tax Reduction rate applicable each year of detention for social contributions
Less than 6 months 0% 0%
From 6th to 21e year 6% 1.65%
22th year 4% 1.60%
Beyond the 22th year Exoneration 9%
Beyond the 30th year Exoneration Exoneration

For example, for a property held for 15 years, the seller benefits from a reduction of:

  • 60% for IR,
  • 5% for social contributions.

For a capital gain of €40,000, only €16,000 will be subject to income tax and €33,400 to social security contributions.

Note

For properties located in certain “tense” areas between supply and demand, an additional 70% reduction is applicable if the transfer allows the construction of collective residential buildings and 85% if it is mainly social and/or intermediate housing.

In practice, this exceptional allowance applies to transfers carried out until December 31, 2022 (provided that the preliminary contract has acquired a certain date between January 1, 2018 and December 31, 2020).

The tax rate of the capital gain: after deduction, the capital gain is taxed on income tax at the rate of 19% and on social security contributions at the rate of 17.2%.

An additional tax is due for capital gains over €50,000, after the allowance.

It is 2% to 6% depending on the amount of the capital gain.

What are the exemptions?

There are many exemptions concerning real estate capital gains, each subject to specific conditions.

Thus, sales of main residences, those whose price is less than €15,000 or sales for the benefit of bodies responsible for social housing.

The capital gain is also exempt when the seller does not own his main residence and uses the money from the sale price to acquire one or when a non-resident sells a dwelling located in France.

In addition, retirees and people who live in social, medico-social establishments, care for the elderly or disabled adults can benefit from an exemption subject to income conditions.

Cabinet Nicolas BRAHIN

Advokatfirma i NICE, Lawyers in NICE

contact@brahin-avocats.com

1, Rue Louis Gassin – 06300 NICE (FRANCE)

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

www.brahin-avocats.com

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Open a UK bank account

Posted on : October 11, 2022

To open a bank account in the United Kingdom, certain documents must be provided to the bank concerned, while others may be requested.

  • Documents to be provided:
  • A valid identity document: identity card, passport, driving license… ;
  • Proof of address: EDF bill, telephone bill, rental contract, etc.; and
  • Proof of income: pay slips, bank statements, tax form…
  • Documents that may be required (especially for non-UK citizens):
  • An employment contract or letter from the employer.
  • A letter from the university.

It should be noted that the British bank can check the credit history of new customers.

Lawfirm Cabinet BRAHIN

Nicolas BRAHINI Avocat

Master’s Degree in Banking and Financial Law

nicolas.brahin@brahin-avocats.com

1, Rue Louis Gassin 06300 NICE (FRANCE)

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

www.brahin-avocats.com

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