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Thegonnec
Thegonnec, Judge
Category: French Law
Satisfied Customers: 89
Experience:  11 years experience as judge at Paris Industrial Tribunal
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I am planning on sending my partner some money, monthly. I

Customer Question

Hi, I am planning on sending my partner some money, monthly. I live in the UK and my partner lives in France.
I will be paying the rent for my partner directly to the landlord, the apartment will be in both our names.
The money that I will send is for other expenses, however, according to the Gift Tax law in France, my partner needs to pay 60% in taxes.
If we were to open a joint account, where we both have access, and, I would be putting money directly into this joint account, how would this work out, from a legal standpoint?
Does my partner still require to declare this as it is not direct income?
Regards.
Submitted: 1 year ago.
Category: French Law
Expert:  Thegonnec replied 1 year ago.

If you live with your partner, and the money you put in the account is only meant for current expenses (rent, food, utilities) this will not count as a donation from a tax stand-point. And will not be taxed either as an income or as a gift, whether this goes through a joint account or not.

The only thing you will need to prove is that you are indeed "partners" as accepted by fiscal case-law: you live together at least when your professions allow, share common interest, spend vacations together. Anything that shows that you are indeed partners and not just friends... If not, what you give him/her will be either taxed as an income or a donation (depending on amount, regularity...)

Now, if you want to donate him/her a piece of real estate or transfer financial assets to him/her, this will be deemed a donation and taxed at a flat 65% rate.