Peter's News
Peter's NewsPeter’s articles are valid as at the date he wrote and published them only and are kept for reference purposes alone.
The commentaries given here are intended for general information purposes only. They are not to be translated nor should they be used as a substitute for professional advice.
The use of computer or AI generated translations of the contents of this Library into any other language has to be avoided. Any erroneous interpretation of its contents is the sole responsibility of the reader. No liability is incurred or accepted for any reliance upon them or upon any inaccuracies of interpretation. Any processing of the contents of this Website by Artificial Intelligence is not permitted.
Ces articles et commentaires de Peter ne visent que la position à la date à laquelle il les a écrits.
Le recours par le lecteur à des traductions générées par ordinateur ou par AI en toute autre langue est fortement déconseillé et toute erreur résultant d’une mauvaise interprétation n’engage que la responsabilité du lecteur et non celle de Peter Harris ni de son Cabinet Overseas Chambers. Les commentaires originaux publiés sur ce site ne constituent pas de conseils juridiques ou fiscaux de la part de l’auteur et n’engagent en rien sa responsabilité. Tout traitement du contenu de ce site par Intelligence Artificielle est interdit.
-
French secondary home owners: rumours of the demise of the French taxe d'habitation may be greatly exaggerated
2023-04-20
I wrote in February warning individuals who own secondary residences in France about the declarative changes relating to the ownership of French secondary residences this year - usufructuaries...
-
Exemptions from French Social Security contributions on French source income and gains post-Brexit
2023-02-09
France: Proof of the taxpayer's affiliation with a foreign social security regime required to benefit from the exemption of social surtaxes; the position post Brexit The Tax Court of Appeal of...
-
French usufruits: has the French Cour de cassation supplied yet another nail to be hammered into the coffin lid of HMRC's interpretation of s.43(2) ITA 1984? Nemo taxet quod non-habet?
2023-02-07
A recent decision of the Cour de Cassation confirms that a usufruit granted out of a usufruit possessed by an individual donor can only extinguish on the death of the donor, not by reference to the...
-
Significant amendments to the French reporting requirements for Trusts with a French nexus (French Connection)
2022-05-05
On 30th March 2022, the French tax administration published a deceptively short notice that it had updated its two existing instructions (its doctrine not a guideline) regarding the reporting...
-
The CJEU's important preliminary ruling over an Anglo-French succession and the application of article 10 Succession Regulation (EU) n° 650/2012.
2022-04-22
Following on from recent posts on the application of the Succession Regulation (EU) n° 650/2012 to English and Jersey successions in France by reference to the law of the deceased's nationality or...
-
L'application d'une loi étrangère dans le cadre du Règlement (EU) n° 650/2012: après huit années d'expérience, comment s'y prendre?
2022-04-20
How is the EU Succession Regulation (EU) n°650/2012 applied in France? Good question. Ten years after its publication and eight years after its coming into force, the actual application of the EU...
-
Is this an anniversary that we would wish to celebrate? The 10th anniversary of the French tax declaration 2181 régime for trusts: an unruly and ill mannered adolescent
2022-02-08
It is not a birthday to forget, certainly with a 20.000€ penalty for each default in declaration.This concerns British trustees, especially with the constant and continuing movements of individual...
-
Charitable bequests and the effect on Charities claiming against French successions of the new French prélèvement successoral
2021-10-25
This is further to my other articles on the subject posted here, on Linked In and elsewhere. Given the pre-Brexit tax changes in France extending the equivalent of their charitable exemptions for...
-
Abus de droit, the new French convention judiciaire d'intérêt public and offshore finance. The Wendel affaire in France
2021-10-04
P Morgan was included in a conspiracy to commit tax fraud in France in the Wendel case, pour complicité de fraude fiscale par fourniture de moyens, simply for having served as a financial...
-
Update on the recent French prélèvement compensatoire (article 913 Code civil), forced heirship and its potential conflict with the EU succession Regulation for "British" successions in France
2021-09-14
I have already posted commentaries on the French prélèvement compensatoire, which is designed to extend the effect of French forced heirship rights over successions generally allowing a clawback...
-
The new French prélèvement successoral intended to uphold Republican Principles. What this means for supposed "Testamentary Freedom" over your assets in France.
2021-09-01
Firstly, what is or rather was the prélèvement successoral? It is not to be confused with the fiscal prélèvements currently being introduced for French residents and non-residents alike. The French...
-
French forced heirship rules, Regulation (EU) n° 650/2012 and the new prélèvement compensatoire.
2021-08-26
French Successions and the drafting of wills with a French element. The general consensus after the coming into force of the succession Regulation (EU) n°650/2012 was that UK habitually resident...
-
Clause 73 of Finance Bill 2020: Back to “Au bon Beurre”, or a slippery interpretative slope for HMRC? Tax Professionals: your choice.
2021-07-28
In relation to retroactive legislation, the following was said in Parliament in relation to the 2020 Excluded Property amendments to s 48(3) ITA 1984 by which it is pretended to simply 'clarify' the...
-
Instructions from STEP members
2021-07-14
There are three main ways of instructing a Barrister. Previously members of the Sociéty of Trust and Estate Practitioners (STEP) who were not lawyers or accountants were only able to instruct...
-
An article published in Lexology by Adrian Shipwright and Peter Harris on Usufructs and their mistreatment by HMRC for Inheritance Tax purposes
2021-07-09
This article, by Adrian Shipwright and Peter Harris is concerned generally with how Usufructs should be characterised for IHT purposes and how this should be approached. By way of illustration, some...
-
Update on HMRC's attitude to the IHT treatment of French usufruits
2021-06-16
Those who visit this website regularly will have noticed that this topic appears frequently in the News section. The advice that I have been able to give solicitors and other professionals preparing IHT...
-
Without correct advice, nus-propriétaires might find themselves incorrectly subjected to the 3% SDLT surcharge. prior to 31st March 2021 (deadline now extended to 30th June, 2020)
2021-03-03
In summary, a French or other European nue-propriété right should not be and cannot be considered to be an "additional property" for SDLT purposes. Peter Harris can provide a written opinion to...
-
The French proposal for a prélèvement successoral which risks breaching the EU Succession Regulation and undermining current British succession planning for French assets
2020-12-22
In a bid to strengthen French secular republican values, the Macron Government has proposed a Bill containing measures designed to block and push back the current tendency towards sectarianist and...
-
French usufruits and their continued misstreatment by HMRC even after the Court of Appeal Judgment in Barclay's Wealth
2020-11-13
As there is apparently litigation afoot in relation to French Usufruits and s.43(2) ITA 1984, I have prepared a short commentary on the recent unanimous decision of the Court of appeal in Barclay's...
-
The CJEU hands down a ruling against AirBNB over Parisian short term lets.
2020-10-05
The Court of Justice of the European Union has handed down a preliminary ruling against AirBNB concerning short term letting of apartments in Paris. The ruling was requested by the French Cour de...
-
Trusts in China: a recent decision of the Shang'hai Court
2020-09-30
In 2001, China adopted a trust law. It had all the features of a framework provision and, until this case heard last year, does not seem to have received judicial attention. However, it is clear...
-
Trusts, French anti-avoidance and article 123 bis CGI The Cour d'appel administratif de Paris has eviscerated the French administration's failed attempt to apply article 123 bis CGI to trusts.
2020-09-18
It has always been a mystery how the French tax administration were able to believe that they could treat a trust which is not a company as if it was one. It is a common failing, paralleled on the...
-
EU Succession Regulation etc.: The notion of direct seisin to immovables in English law, or how to put renvoi back in its box.
2020-09-04
The EU Succession regulation is creating a great many questions as to how it works and how it will work for Brtish residents and nationals after Brexit, when the UK is no longer a Member State of...
-
Succession and wealth planning: Usufructuary dismemberments in France, Italy, Spain etc.
2020-06-26
The time of year has come round again when clients either purchase properties in France or review their properties there. Most purchasers believe that the notary involved in the purchase will be...
-
Comments on the French 2181 Trust2 due by 15th June for trusts with a French connection
2020-06-10
I have deliberately refrained from providing any unremunerated website assistance to those trustees who are required to file returns this year. Seeing some of the inadequate responses made to the...
-
The 2020 French Trustee declaration 2081 Trust2: do you need to declare?
2020-05-05
The 2020 French Trustee declaration 2081 Trust2. Trustees and French resident settlors or beneficiaries of trusts with French connections should read this carefully and seek advice. It may be...
-
French residents receive a crédit d'impôt as of right on British source property income: effectively no CRDS/CSG
2020-03-16
Interesting analysis of the right to a General tax credit under the Franco-UK Treaty, and others where no taxation has been taken of the same kind in the United Kingdom. Further evidence that as far...
-
Purchasing or selling a French property with an undisclosed "vice caché" can have a wider impact than the purchase price alone
2020-03-05
Some care needs to be taken when purchasing an old property in France, or for that matter selling it with a "vice caché" which is undeclared. The French cour de cassation has just confirmed an award of...
-
Attention Trustees and financial institutions linked to trusts with French Connections
2020-01-30
This short note is designed to stimulate action from Financial Institutions connected to Trusts with what are known as French connections. I am using English terminology to explain the position, but...
-
French usufruits over French property: one solution for the English nus-propriétaires.
2020-01-10
Usufruits in France The French notariat frequently propose an estate planning structure to their clients known as a usufruit/nue-propriété dismemberment so as to facilitate the transfer of a French...