Notary for donation with right of usufruct Cannes in French Riviera

Notary for donation with right of usufruct Cannes in French Riviera
If the marriage is ratified abroad and has been preceded by a marriage contract, are there any formalities to observe?

If the marriage is ratified abroad and has been preceded by a marriage contract, are there any formalities to observe?

If the marriage has been ratified abroad it will be necessary at the time of the transcription of your marriage to indicate the existence of a possible marriage contract previously established so that mention is made thereof in the margin of your marriage act. This mention will also be indicated in your family register. 
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Can I choose the Notary  anywhere in France ?

Can I choose the Notary anywhere in France ?

Yes you can choose a notary anywhere in France to assist your in a property purchase. The purchaser and the seller can have different notaires, and  this will not incur any extra charges or fees
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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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What is a tontine clause?

What is a tontine clause?

The tontine clause that must be inserted in the acquisition act, is often considered in the scope of the protection of the surviving spouse or the partner. This clause foresees that the owner of the goods shall be the survivor of the signatories of the tontine pact. Often it aims to avoid the application of the hereditary reserve to the death of the first of the spouses or partners. But pay attention to the tax system for those that are not married nor in civil unions. 
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In what circumstances is it necessary to appoint a tax representative?

In what circumstances is it necessary to appoint a tax representative?

If the transferor is not resident in the EEA, and if the sale price of the real estate property exceeds EUR 150,000, a tax representative must be appointed, unless the property sold has been held for more than 30 years. This requirement applies even when there is no capital gain. The seller must foresee this requirement, as the appointment of a tax representative can generate an additional cost for him. We should comment that since 1 January 2015, this obligation to appoint a tax representative was removed for taxpayers resident in the EU and EEA (except for Liechtenstein) in regard to real estate capital gains for individuals
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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 Cannes in French Riviera? 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 Cannes in French Riviera.

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