The current government continues to push for reforms, notably of the French tax system. While large-scale protests have subsided, the absence of a parliamentary majority for the President and the growing trend of populism, as observed in many other countries, create a complex political landscape that may influence future tax policies.

Tax considerations for French and non-French resident individuals

Individual residents in France are subject to income tax on their worldwide income, wealth tax and gift/inheritance tax on their worldwide assets, subject to tax treaties. Non-residents of France are subject to the same taxes on their French source income and French assets, as qualified under domestic rules and tax treaty provisions. The French tax system provides multiple income tax, wealth tax and gift/inheritance tax exemptions as regards business assets, works of art and family assets transferred between spouses, civil partners and among family members.

Income tax

Dividends and interest received by residents and non-residents from French corporations are subject to a flat tax of 12.8%. French taxpayers are subject to social contribution taxes (referred to below as the “social tax”) that operate as a personal income tax; social contribution taxes, added together, are levied at the flat rate of 17.2%. Specific personal income tax rates apply (75%) when so-called “non-co-operative jurisdictions and territories” (états et territoires non coopératifs) are involved.

Residents of France are subject to personal income tax according to a progressive brackets system, with a marginal rate of 45% above EUR 180,290 on their worldwide income (wages, bonus, professional fees, rental income, etc.) plus social tax.

An additional tax is due:

• at the rate of 3% between EUR 250,000 and EUR 500,000 and 4% above EUR 500,000 for a taxpayer who is single; or
• at a rate of 3% between EUR 500,000 and EUR 1 million and 4% above EUR 1 million for married couples and members of a PACS (Pacte Civil de Solidarité — civil pact between different or same sex couples).

The 2025 Finance Law introduces a new contribution for taxpayers on high income domiciled in France. This measure ensures a minimum income tax rate of 20% for individuals whose annual income exceeds EUR 250,000 (for single, widowed, or divorced taxpayers) and EUR 500,000 (for married or civil partnership taxpayers). Taxpayers domiciled outside France are therefore not subject to this new contribution, regardless of the amount of their French-source income taxable in France. However, they remain within the scope of the above-mentioned additional tax.

Specific rules apply to income generated within life-insurance vehicles as well as income withdrawn by the policy holder during the life of the policy.

Capital gains realised by tax residents of France on the sale of securities are subject to a levy of 12.8% or to the progressive brackets system, plus social tax. Non-residents of France are fully exempt on the condition that they have not held, during the five years preceding the sale, directly or indirectly, alone or with certain close relatives, more than 25% of the share capital of the relevant French entity. Some tax treaties can provide different rules for qualifying “substantial” or controlling participation in a French entity.

Capital gains realised on the sale of French real estate are taxed at a rate of 19% when the vendor resides in an EU Member State, 34% otherwise and 75% when non-co-operative jurisdictions and territories are involved. Social contributions of 7.5% are due in addition to capital gains tax, plus a surtax of between 2% and 6% depending on the amount of the gain.

Gift taxes and inheritance taxes

Between parents and direct descendants, the tax is computed in accordance with a brackets system. The marginal rate is 45% above EUR 1.8 million subject to a basis reduction of EUR 100,000 (available every 15 years). Gifts made in cash between 15 February and 31 December 2026, to descendants — or, in their absence, to nephews — are exempt from taxation up to EUR 100,000 per donor and EUR 300,000 per beneficiary. This exemption applies when the funds are used to finance the purchase of a new property intended as a primary residence or its energy-efficient renovation.

There is no inheritance tax between spouses or members of a PACS. Lifetime gifts between such couples are subject to tax at the marginal rate of 45% above EUR 1.805 million subject to a basis reduction of EUR 80,000.

Other rules apply to siblings (45% above EUR 24,000) and non-relatives (60%).

Wealth tax

Wealth tax is payable every year on the basis of a person’s total real estate value. Wealth tax was heavily reformed as from 2018.

The applicable wealth tax rates are progressive. For instance, wealth tax amounts to 0.5% of net wealth between EUR 800,000 and EUR 1.3 million and 1.5% above EUR 10 million.

As regards a tax resident of France, the taxable basis is made up of the individual’s worldwide properties, less local taxes and the wealth tax itself. Non-residents are liable to wealth tax only on their French situs properties. Non-residents are not subject to wealth tax on their financial investments in France (e.g., bank accounts, receivables from French-based persons, assets held in a French life insurance vehicle and controlling or non-controlling participation in the share capital of companies).

Wealth tax is subject to certain limitations other than those mentioned above, such as a 30% rebate on the individual’s residence.

On regulatory matters, beyond the modernisation of a number of bilateral treaties, France has entered into a number of tax information exchange agreements, which, subject to some specifications, are in line with Article 26 of the OECD Model, notably with Andorra, the British Virgin Islands, Belize, Gibraltar, Guernsey, Liechtenstein, Jersey and Uruguay.

In parallel, rules similar to the United States Foreign Account Tax Compliance Act are in force in the EU territory and codified in France, submitting financial institutions to annual or occasional reporting obligations to the EU tax authorities regarding individuals owning, directly or indirectly, bank accounts or financial investments. French internal rules also provide strict controls and substantial penalties for hidden bank accounts.

The EU Council has revised the 2018/822 MDR Directive (DAC) imposing reporting obligations to intermediaries and taxpayers several times. Recently, the impending European Directive DAC 8, on the taxation of digital assets, will require exchanges and crypto-related service providers to report their customers’ transactions to European authorities

Clarification of the notion of intermediary in cross-border arrangements

Article 1649 AE of the French Tax Code (CGI) requires intermediaries to report cross-border arrangements with potentially aggressive tax characteristics to the tax authorities.

Previously, Article 1649, I 4° stipulated that intermediaries bound by professional secrecy were required to obtain their client’s consent before making such a declaration. The 2025 Finance Law has revised these provisions by introducing a reporting exemption for lawyer-intermediaries.

Now, the exemption no longer depends on the taxpayer’s consent but solely on the intermediary’s status as a lawyer.

This legislative change follows the recent decision of the Court of Justice of the European Union (29 July 2024, Case C-623/22), which confirmed that the ability to transfer the reporting obligation applies only to professionals, such as lawyers, who are authorised under national law to represent clients in court.

The French Administrative Supreme Court has recently ruled that the spontaneous communication by a taxpayer during an audit of a document covered by professional secrecy can be interpreted as a tacit agreement to the lifting of the professional secrecy (Conseil d’Etat 9 December 2021, no. 446366).

Different courts have authority and competence in the French territory, but no specific local case law system exists. Court decisions are therefore rendered for the whole state.

Families and entrepreneurs often rely on French legal structures, shareholders’ agreements, and dismembered ownership rights to reduce taxes incurred upon the transfer of assets to the next generation while partially or fully retaining control over family wealth and/or business assets.

Flexibility and dematerialisation have developed considerably during and since the pandemic and became the rule in terms of work organisation and relations with clients and administrations. This has notably changed the process for signing legal acts, whether notarised or not, relations with the administrations as well as the judges, and the court proceedings.

France has a civil law system which provides forced heirship rules and limits testamentary freedom. If French succession law applies, and there are no descendants, certain close relatives enjoy special protection so that they receive a minimum portion of the succession. This depends on the number of children. When a child dies, the same rules apply to the descendants.

In an international context, Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European certificate of succession has applied since 17 August 2015, and offers testators the option of adopting the law of their nationality, which therefore allows the right to circumvent French succession law and therefore heirship rules.

Article 913 of the French Civil Code, amended in 2021, introduces a new rule that circumvents the EU Succession Regulation by granting a claim to heirs (being French/EU citizens or residents) who are disinherited under a foreign law. This rule requires implementation by practitioners and has already been subject to legal challenges.

Recently, a complaint has been filed against France before the European Court of Human Rights, contesting the compatibility of paragraph 3, introduced in 2021, with fundamental European principles. This legal action could lead to further scrutiny of the provision and potentially impact its application in cross-border successions.

As regards Trusts, France signed the 1985 Hague Convention on Trusts and their Recognition in 1991 but never formally ratified it. Nonetheless, France has bound itself to recognise the essential validity of foreign trusts that were the subject of the Convention.

In a fiscal context, for decades, French internal law has referred directly to trusts and similar vehicles.

Nearly 15 years have passed since the adoption of Law No. 2011-900 of 29 July 2011, which established the taxation of trusts under the French Tax Code for gift and inheritance tax, wealth tax, and income tax, plus reporting obligations.

Over time, this major legislative change is gradually being clarified, thanks to an increasingly rich body of case law.

In particular, the Paris Administrative Court of Appeal has played a key role in refining the taxation of distributions from foreign trusts to French resident beneficiaries. Notably, in two recent decisions issued respectively in April 2023 (CAA Paris, 21 April 2023) and October 2024 (CAA Paris, 11 October 2024), the court clarified the classification of distributed amounts as either income or capital. This distinction helps prevent double taxation of inherited assets placed in a trust and later distributed — sometimes years after the settlor’s death — to a French beneficiary.

These decisions, in cases overseen by the author of this analysis, mark a significant step forward in the understanding and application of French trust taxation.

As regards gift and inheritance tax, Trusts are deemed transparent. If the beneficiaries are identified individually, the relevant standard gift (inheritance) tax rate will apply. If they cannot be so identified but are all in the line of descent, the tax rate will be 45%. Otherwise, the tax will be levied at a rate of 60%.

In a recent ruling dated 22 January 2025 (Cass. com., No. 24-16.995), the French Court of Cassation rejected a request to refer a Question Prioritaire de Constitutionnalité (QPC) regarding the inheritance tax treatment of assets placed in a trust. The court upheld that the heirs of the settlor are subject to inheritance tax on the trust’s assets if the settlor retained control over them, even if those heirs are not designated as beneficiaries of the trust.

Looking ahead, future developments in case law and regulations will hopefully lead to a more nuanced approach that better considers the characteristics of trusts as defined by the various common law jurisdictions. For now, we may rely on a substantial number of bilateral treaties for the avoidance of double taxation, notably with the United States, Canada and the United Kingdom, which often contain references to matters affecting trusts.

France is not a federal state; its legislation applies over the national territory.

With the law of 17 May 2013 on marriage for all, France has become the ninth European country and the 14th country in the world to authorise same-sex marriage. This law provided new rights for marriage, adoption and succession, in the name of the principles of equality and the sharing of freedoms.

The evolution of family structures has recently been revisited by the French Parliament. Through the Bioethics Law, published in the Official Journal on 3 August 2021, access to medically assisted procreation (MAP) was extended to female couples and single women. The law also introduced the right for children conceived through MAP to access information about their origins, authorised the preservation of gametes without medical justification, and expanded research on embryos and stem cells. Adoption law was subject to a major reform on 21 February 2022 (Law no. 2022-219, 21 February 2022), the new law being applicable from 23 February 2022. As an extension of this reform, an ordinance of 5 October 2022 re-codified the title of the Civil Code devoted to adoption, which came into force on 1 January 2023. It is quite common for a child to be adopted by the spouse of one of its parents, but this option was only open to the spouse of the parent of the child. The law of 21 February 2022 now opens this option to the PACS partner and the cohabitant, both for simple adoption and for full adoption.

Different courts have authority and competence in the French territory, but no specific local case law system exists. Court decisions are therefore rendered for the whole state.

Under the Civil Code, an individual interested in estate planning can ask for an heir’s consent to waive irrevocably the right to challenge violations of their “reserved portion”, the advantage being, for instance, not to dilute the shareholding and the control of a family business. The heir(s) excluded from the family business could receive other family assets.

Using “gradual” and “residual” gifts or bequests is also a planning opportunity for asset protection, the lifetime gift or bequest being in this case subject to the conditions that the transferee on their death leaves the gift or bequest to a named third party or what remains of (residual gift or bequest).

The tax system applicable to gradual and residual gifts and bequests is also attractive.

Flexibility and dematerialisation have developed considerably during and since the pandemic and became the rule in terms of work organisation and relations with clients and administrations. This has notably changed the process for signing legal acts, whether notarised or not, relations with the administrations as well as the judges, and the court proceedings.

The 2022 Finance Law, applicable since 1 January 2022, establishes a presumption to facilitate the application of Article 123 bis of the Tax Code to settlors of trusts. To facilitate the application to trusts of the provisions of this article, which allow the administration to tax in the name of a natural person domiciled in France the income received through the intermediary of a controlled entity located in a state with privileged taxation rules, the law presumes that the condition of holding at least 10% of the shares, financial rights or voting rights of the entity is satisfied when the taxpayer is a settlor or beneficiary deemed to be a settlor of a trust.

In a recent decision, the Paris Administrative Court of Appeal confirmed the general applicability of Article 123 bis of the French Tax Code to trusts. However, the court limited its application in this case due to the irrevocable and discretionary nature of the trusts in question.

It is important to note that the fact that the settlors were not French tax residents at the time the trusts were established was a key element for the court.

France is not a federal state; its legislation applies over the national territory.

Aside from these significant European Court decisions that impact all EU Member States, one of the most relevant national case laws for private clients refers to forced heirship and trust: the French Supreme Court ruled that a trust constituted in fraud of the rights of the heirs is unenforceable against the succession when the deceased had retained overall control until their death of the entities to which these funds had been transferred (Cass. 1e civ. 18-5-2022 no. 20-20.609 FS-D).

Various courts have jurisdiction across French territory; however, there is no distinct local case law system. As a result, court decisions apply uniformly throughout the entire country.

Anticipating and preventing litigations among family members are relevant for French and international clients, notably on the occasion of the transfer to the next generations of substantial assets and businesses.

Particularly in the context of complex international disputes, lawyers must have experience in dispute resolution, arbitration or mediation/conciliation in order to propose efficient settlement options.

Flexibility and dematerialisation have significantly expanded during and since the pandemic, becoming the norm in work organisation and interactions with clients and administrations. This transformation has notably impacted the signing process of legal acts, whether notarised or not, as well as relations with administrative bodies, judges, and court proceedings. Additionally, the rise of artificial intelligence has further reshaped legal practice, streamlining research, enhancing the drafting of legal documents, and even judicial decision-making.

4.1 How to protect a surviving spouse and transfer family assets without conflict or tax erosion?

We assist many couples, married or not, French or international, to protect the surviving of the two as well as to anticipate the transfer of their family assets to their descendants, collaterals or third parties and charitable institutions. In order to avoid conflict among members of the family and persons involved in any businesses (for instance), it is important to anticipate governance rules. This does not only concern business assets but also family and dynastic assets. Anticipation may involve modifying the matrimonial property regime, preparing wills and proper succession planning. Transfer of assets among generations may also imply contributing these assets to (family) legal entities, being French or not, with by-laws duly customised in consideration of the patriarch’s and/or matriarch’s wishes in terms of governance and benefit/use of the family assets. It is also important to anticipate tax implications, and we may organise and document transgenerational gifts and bequests, directly or through legal vehicles of these family transfers, enjoying favourable tax treatments in France and in other states where clients, heirs and legatees may reside.

4.2 Can non-French nationals or residents arrange for their estate/tax planning arranged elsewhere to be implemented in France?

Working for non-French nationals or residents in order that their estate/tax planning crafted by practitioners of their state of residence is implemented in France, where they acquired or inherited assets, sometimes requires adjusting this estate and tax planning, so that it becomes efficient from a legal and tax viewpoint. The best approach is to work directly and in advance with all the estate practitioners engaged by the clients in the different states where they own assets or have an heir or legatee.

4.3 How to anticipate charitable gifts?

Transnational gifts and bequests are frequent points discussed with clients. Assisting international families, as well as foundations, museums, hospitals and any legal entities registered in multiple jurisdictions for collecting funds, necessitates action to anticipate the legal qualification of the gift and bequest, to secure the tax treatment from a national and international viewpoint, and also to provide documents and justifications, the beneficiary or the donor/testator being subject to civil or common law rules, as well as Sharia law.