New tax schedule for usufruct and limited duty reductions on gifts of bare ownership
Article 19 of the 2004 Finance Act rewrites Article 669 of the General Tax Code: the value of usufruct and bare ownership used for registration duties and land registration tax is set by a new schedule based on the usufructuary's age, and Article 762 is repealed. Usufruct granted for a fixed term is valued at 23% of the full ownership value per ten-year period (rate set by Article 28 of the 2003 Amending Finance Act, instead of the two tenths in the Finance Act). Article 790 is rewritten: gifts of bare ownership get a 35% duty reduction if the donor is under 65 and 10% between 65 and 75; other gifts keep 50% and 30%. Changes of matrimonial regime to a community regime made in 2004 and 2005 are exempt from duties.
Measure originators
No official estimate found for this measure.
Measure impact
For gifts or inheritances with split ownership, the taxable share of bare ownership and usufruct is calculated using a new schedule; gifts of bare ownership get a 35% or 10% duty reduction depending on the donor's age.
Official references
Sources
Procedure timeline
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Administrative implementation
Entrée en vigueur de la mesure et mise en œuvre par l'administration
President of the Republic signature
Publication au Journal officiel
Possible referral to Constitutional Council
Décision de conformité / censure partielle