Is tax payable if gifting French house to children?
Antonia Ridley-Hughes of Ashtons Legal, answers a reader query
Our readers would like to gift an interest in their home to their children
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Reader Question: My wife and I are residents in France. We would like to gift an interest in our home to our children while retaining a right to live there. Would the gift be taxable in France or the UK either on the signing date or when we are both gone (and the children own the house absolutely)?
It is possible to gift the bare ownership of your French property to your children during your lifetime and retain an usufruit interest (similar to a life interest). You would be entitled to the use of and income from the property, but not the capital, and any sale would need to be agreed by all parties.
The value of the bare ownership would depend on your ages at the time of the gift. For example, if you were aged 51-60, the bare ownership would be worth 50% of the value of the house, if you were aged 61-70, it would be worth 60% etc. There would be notaire’s fees payable upfront for the transaction, which would be in the region of 2-3% of the value gifted.
There would not be any liability to HMRC at the time of the gift, as you are resident in France, and the property is situated in France. Nor would there be any UK Capital Gains Tax (CGT) liability, as the property is your home, and thus main residence.
Read more: You must declare for tax in France even if nothing to pay
Allowances
However, the gift would be assessed for French tax at the time of gifting the house. As children are currently entitled to one tax-free allowance of €100,000 per parent, each of your children would have €200,000 tax-free allowance available to them in relation to the property (presuming it is held in your joint names). Gift tax would be payable on any surplus at a rate of between 5% and 45%.
It should be noted that, while the UK/France Double Taxation Treaty allows for French and UK IHT to be credited against each other, there is no similar provision for the offsetting of CGT or gift tax. While this should not cause any problems in your case, in other cases, the upfront costs of making a lifetime gift can outweigh the benefits.
On your respective deaths, your usufruit interest would lapse, and there would not be any further IHT due as you are French resident.
