10. Ownership Structures - Conclusion

So what is to be concluded from our review of ownership structures?

Not an easy question when the circumstances of every household are going to be different, so the following remarks should only be used for general guidance.

It will be evident that most questions about the different forms of ownership turn on those relating to inheritance rights and inheritance taxes.

1. 10.1 Inheritance Taxes
2. 10.2 Inheritance Rights
3. 10.3 Summary

10.1. Inheritance Taxes

Since the abolition in 2007 of inheritance tax between man and wife, and those in a French civil partnership, the whole issue of inheritance tax in France is no longer a major issue for most international buyers.

In particular, if you grant tax free gifts during your lifetime, you can reduce the liability of your successors to inheritance tax on your death.

A French marriage contract between a couple or purchase en tontine means the whole of the property is transferred to the surviving spouse, so the potential tax liability of children is deferred.

However, if your children are later likely to be liable to inheritance tax, this choice will impact adversely on the level of the tax payable by them on death of the surviving spouse. You may well, therefore, need to make tax free gifts to your children during your lifetime to reduce the impact of this higher tax imposition.

You can also buy through an SCI and purchase the property using an ownership structure called démembrement croisé, which would reduce potential liability.

In all cases you need to determine whether your circumstances make inheritance tax an issue about which you need to be concerned.

10.2. Inheritance Rights

In relation to inheritance rights it is clear that, provided you are non-resident (and do not intend to become resident), ownership through an SCI grants you immunity from the forced inheritance rights under French law.

But you need to decide whether you have such a need, because, for the average family, the laws are not oppressive.

If you are resident, then ownership en tontine or purchase of the property en indivision and then entering into a French marriage contract, would ensure the property was transferred entirely to the suriviving spouse.

Provided you do not have children by a previous relationship, you can adopt a marriage contract through the notaire at the time you buy the property, or later if you do not do it at the time of purchase.

If you are a married couple with children from a previous relationship, then you might want to consider buying through an SCI. Alternatively, discuss with your notaire entering into a family inheritance pact, called a pacte successorale.

If you cannot enter into a French civil partnership, you can buy indivision and grant a life interest in the property to the surviving partner, or buy through an SCI, and grant a reciprocal life interest.

10.3. Summary