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The new President’s tax reforms are now firmly underway

The tax reforms proposed by Nicolas Sarkozy, the new President, are now firmly underway after having been debated by the deputies in the National Assembly.  The measures were formally adopted by the National Assembly at the beginning of last week during a night session on 16th to 17th July 2007.  The senators will debate the proposals from 25th July 2007, after which the necessary legislation will be instigated.  Those which most interest prospective property purchases, including those from abroad, are as follows:

Inheritance tax

Spousal exoneration from inheritance tax

The surviving spouse, as well as partner of a PACS (civil solidarity pact – contract between unmarried, including same-sex, couples), will be totally exonerated from inheritance tax.  This will be a substantial advantage compared to the current situation where only married couples under certain restrictive forms of arrangement can benefit from a total exoneration from inheritance tax.

Increase in the tax free band for children

The tax free band between parent and child will be increased to 150,000 Euros (from 50,000 Euros currently).  This tax free band applies for each child and will substantially reduce, if not exonerate totally, many successions.  For example, if a couple has two children who inherit only upon the death of the surviving spouse, tax will only be paid should the value of the property exceed 300,000 Euros.  If they inherit upon the death of each spouse, thus benefiting from their tax free bands twice, the value of the property would have to exceed at least 600,000 Euros for there to be any inheritance tax due.  From a tax planning perspective for many families, this reform is of major interest.

Increase in the tax free band between siblings

The tax free band between brothers and sisters will be increased to 15,000 Euros (from the current figure of 5,000 Euros).

Monetary gifts

It will be possible to make monetary gifts which are exonerated up to a limit of 30,000 Euros.

Income tax

Offsetting of mortgage interest

The interest on mortgages for the purchase of the principal residence can be offset against income tax for the first five years.  There is a ceiling of 3,750 Euros for a single person and 7,500 Euros for a couple, plus 500 Euros per dependent.  Christine Lagarde, the minister for the economy, has indicated that a single person who takes out a mortgage of 100,000 Euros over fifteen years at an interest rate of 4% will see the total cost of their mortgage decrease by 10%.

Wealth tax

Wealth tax – tax free allowance for the principal residence

The tax free allowance for the principal residence for wealth tax (‘ISF’) purposes will be increased to 30% of the value of that property (from 20% currently).

N.B. The precise details of the reforms can only be confirmed once the relevant legislation has been produced – the above is a guide only and may be subject to change/clarification.

24/07/2007 - Issue of the week

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