a: Provisions common to inheritances and gifts

Articles in this section · 11

Article 779

French General Tax CodeIn force

Updated 7 Nov 2023

I. - For the collection of transfer duties free of charge, an allowance of €100,000 is made on the share of each of the ascendants and on the share of each of the children living or represented as a result of pre-decease or renunciation. (1)

Between the representatives of pre-deceased or renouncing children, this allowance is divided according to the rules of legal devolution.

In the case of a gift, the donor's deceased children are, for the application of the allowance, represented by their donee descendants under the conditions laid down by the Civil Code with regard to inheritance representation.

II. - For the collection of transfer duties free of charge, an allowance of €159,325 is made on the share of any heir, legatee or donee, unable to work under normal profitable conditions, due to a physical or mental infirmity, congenital or acquired.

A decree in the Council of State determines the terms of application of the first paragraph.

III. - (Repealed).

IV. - For the collection of free transfer duties, it is carried out in the case of a gift or, where the provisions of article 796-0 ter are not applicable, in the case of inheritance, an allowance of €15,932 is made on the share of each of the brothers or sisters alive or represented as a result of pre-decease or renunciation.

Between the representatives of predeceased or renouncing brothers and sisters, this allowance is divided according to the rules of legal devolution.

V. - For the levying of transfer duties free of charge, an allowance of €7,967 is made on the share of each of the nephews and nieces.

VI - (Repealed).

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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