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French Legal Issues
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 08/05/2008, 18:42
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ams
Joined on 07/08/2007
Posts 319
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Re: Definition of 'domiciled'
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You could continue to have a liability for UK inheritance taxation as well as French inheritance taxation despite the fact that you have relocated permanently from the UK to France.
If for example you have been in France for less than 3 years prior to your death, it may be considered by the UK fiscal authorities that you retain UK domicile and thereby a liability for UK inheritance taxation on your worldwide assets.
To avoid problems make it clear that you have relocated permanently to France.
If however you retain UK assets you will be liable for UK inheritance taxation, despite being resident in France, however the DTT then comes into play.
Seek professional advice from someone that understands both taxation systems.
ams
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08/05/2008, 20:34
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Lilly
 
Joined on 23/08/2004
Dordogne
Posts 94
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Re: Definition of 'domiciled'
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I have a question, when someone has just recommeded that you should make it clear that you have moved permanently to France and this also implies that this is preferencial, I must ask that since it would appear that French IHT allowances thresholds are significantly lower than the UK's therefore you will start to pay upwards of 20% above a base allowance of something like 49,000 euro after 15,000 euro and then this climbs depending on your relationship to the deceased and his or her permanent residency and how long they have lived in France, How does it benefit to "make it clear that you have permanently relocated to France"?
Don't forget that the estate pay IHT over a certain threshold , sorry a little out of touch but ie: £300,000 ish on the UK assets
Although I have asked questions myself in this forum on these issues it really can't be stressed enough that you must speak to an expert in both countries legalities and even then then ask more questions as I recently found out that a vital bit of information was never asked for ( how long has the donner / recipient lived in France) by an "expert" but after further investigation on my part to HMTO found this to be extremly relevant as of yet I do not know the outcome but it has given me grounds to put forward. It didn't occur to the "expert" to ask as his usual clientel were only ever in France. The benefit as I understand it that under 3 years residency in France the French tax office MAY deem the donner as non Resident. I appreciate this may not affect many people out there but its worth knowing.
As always take professional advice.
And final note to any of you with elderly parents that are here in France with you take advice sooner rather than later!!!!!
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08/05/2008, 21:06
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ams
Joined on 07/08/2007
Posts 319
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Re: Definition of 'domiciled'
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Nothing of the sort has been implied, rather you have taken your own interpretation. if one follows your logic then one should move to a country that has no IH tax.
ams
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08/05/2008, 21:49
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Lilly
Joined on 23/08/2004
Dordogne
Posts 94
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![Beer [B]](/cs/emoticons/emotion-22.gif)
Re: Definition of 'domiciled'
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I don't know what you are interpreting from my post, and I certainly did not feel that I was expressing my opinion or sense of logic mearly asking a question based on a statement that I had read from your post.
"To prevent any problems make it clear that you have permanently relocated to France"
No one likes having to pay Taxes especially IHT as the whole subject is usually about your own death one day or the fact you have lost someone.
The only logic that I feal I have stressed is to seak very professional advice and when making the preparations to move to France with elderly parents consider the inheritance tax implications and make any appropriate arrangements. But as always these sort of things are not at the forefront and perhaps rightly so, but if I have managed to highlight the fact that it is unfortunatly worth considering, then all the better , forewarned is forearmed
I don't see how it warrants a comment like one should move to another country without IH tax or maybe that was'nt the implication.
go have one
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09/05/2008, 7:38
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ams
Joined on 07/08/2007
Posts 319
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Re: Definition of 'domiciled'
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When reading a post which is in response to a particular question it is always advisable to read the question first and then the response in that order. Your approach is selective. Do try reading the question and the response before respoding. In fact the last line of my response seems to be invisible to you.
ams
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09/05/2008, 8:32
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ams
Joined on 07/08/2007
Posts 319
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Re: Definition of 'domiciled'
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Keep on trying, good for the body and !!!!
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France Forum » Legal and Finan... » French Legal Is... » Re: Definition of 'domiciled'
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