Question 16212 — donations and inheritances

Summary

Ms. Constance Le Grip alerts the Minister of Action and Public Accounts to the need for official clarification regarding the new definition of abuse of rights introduced by article 109 of the finance law for 2019, modifying article L. 64 A of the book of tax procedures. From January 1, 2020, the new definition provides that abuse of rights will cover any transaction for “primarily fiscal” purposes, while previous definition had restricted this definition to acts which “could not have been inspired by any other motive than that of evading or mitigating tax charges”. The extension of the scope of these measures aimed at sanctioning abuses of tax law is supposed to facilitate the supervision of tax optimization. However, its vague nature has raised concerns about its impact on dismemberment operations. The news definition risks calling into question transfers of assets in which the donor retains the usufruct, for example when a donor transmits his real estate assets to his children, while he bequeaths the usufruct of this real estate assets to his spouse. In a press release published on January 19, 2019, the Ministry of Action and Public Accounts clarified that the new definition of abuse of rights will not the dismemberment of property is at issue. Doubts persist, however, about the legal value of such a declaration in the event of future litigation, as well as about the details of the terms of application, which the press release specifies will take place by January 1, 2020. She therefore asks him, in response to this question, what the administration's interpretation will be of this new provision and especially its implications. legal for the transfer of assets by dismemberment.

Machine translation from French. The official text remains authoritative.

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