French lawyer change of matrimonial regime Annecy en Haute-Savoie 74

French lawyer change of matrimonial regime Annecy en Haute-Savoie 74
What are the notaire’s fees (“frais de notaires”) ?

What are the notaire’s fees (“frais de notaires”) ?

Although the total amount of fees and taxes is often refererred to as «  notaire’s fees » (frais de notaire) ; the notaire’s fee is actually only about1%. Usually on a given purchase, costs are approximately 7 % of the purchase price, which include transfer duty, , Land Registry charges, the notaire’s fees and related VAT. All these amounts are stipulated by law , and are based on the value of the property. In general these amounts are the same all over France
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When can a lender's preferential right (privilège de prêteur de deniers, or PPD) be taken as guarantee?

When can a lender's preferential right (privilège de prêteur de deniers, or PPD) be taken as guarantee?

The lender's preferential right is a security interest on the property. This security is unknown in most States. In an international context the PPD cannot always be used. The validity of the PPD assumes that it is recognised under the law of the country where the property is located (French law) and under the law applicable to the loan agreement. Conversely the lender's preferential right will not be recognised if it unknown in either of these two law systems. If the property is located in France and if French law is applicable to the loan agreement, a PPD may be taken
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What is an international estate?

What is an international estate?

We refer to an international estate when the inheritance has an international aspect. So there will be an international estate if the deceased held an asset in at least one country other than that of his nationality or residence, or if the deceased dies in a country other than that of his nationality or residence. 
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The gift between spouses in an international context

The gift between spouses in an international context

The gift between spouses, also called "gift to the last survivor" is very often used by couples wishing to increase their protection in the event of death. But this institution is little known abroad. It is unknown under some law systems, while others prohibit it. Moreover, in an international context, a gift between spouses can raise difficulties. To avoid such difficulties, it often appears wiser for a couple owning assets abroad or living abroad or when at least one of the partners is of foreign nationality, to make wills. Spouses may establish themselves by will reciprocally as sole legatees. Thus the objective sought by the gift between spouses, namely to increase the protection of the surviving spouse, will be achieved. 
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Can the outbuildings of the principal residence also enjoy exemption from real estate capital gains tax?

Can the outbuildings of the principal residence also enjoy exemption from real estate capital gains tax?

Under current law the immediate outbuildings of the primary residence (e.g., the utility room of the same property) enjoy exemption from real estate capital gains tax provided that the disposal of these outbuildings takes place simultaneously with that of the main residence. The disposal will be deemed to have been made simultaneously if the disposals take place within a "normal timeframe". To watch the video of the interview with Ms. Alexandra ETASSE on the role of the notary, notary's fees and buying property, follow this link. 
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Are all non-resident individuals subject to the payment of social charges?

Are all non-resident individuals subject to the payment of social charges?

          The application of social charges to capital gains realised by non-residents is currently the subject of a procedure against the French State. The French Council of State (“Conseil d’Etat”) has also referred a question to the ECJ for a preliminary ruling on whether these social charges can be levied on persons not benefiting from the scheme that these contributions are intended to fund. To date, the issue of the payment of social charges by non-residents is still not fully resolved. However, it would appear that the Direction générale des finances publiques (the French Department of Public Revenue) has communicated guidelines to its regional branches with a view to ensuring that the Land Registry Office and local tax offices should no longer require the payment of social charges in the situations covered by the ECJ case law of February 2015 and that of the Council of State of July 2015. It would therefore seem that in the current state of the law, sales of real estate undertaken by taxpayers from a social security scheme of another Member State of the EEA will not entail the payment of social charges. However, it is necessary for the taxpayer in question to provide evidence to their notary of their affiliation to a social security scheme in a foreign Member State of the EU or EEA, by means of either a social security card or a certificate of affiliation.
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You're looking for a lawyer for an estate planning in Annecy en Haute-Savoie 74? Get in touch with our team. ETASSE et Associés is a French law firm expert in private international law. Our specialists will advise you on how to hand down your estate, how to plan its transfer and assist you in many other fields. You can also contact ETASSE et Associés if you're looking for a lawyer for a real estate sale in Annecy en Haute-Savoie 74.

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