his lifetime to another person, a sum of money or property other than immovable property. To reduce the risk of subsequent disputes with the IRS with your heirs, or between your heirs, it is best to wrap this process with a minimum of precautions.
The courts give to this mode of transmission informal the same value as a donation made before a notary. A manual donation is, like any gift, final and irreversible. Also, if the recipient (the one receiving the gift) is one of your heirs, unless otherwise stated, this gift will be deducted from his inheritance (it is "reportable" to your estate). It is therefore essential before making a manual donation to properly assess its implications for your estate and its distribution among your heirs. Moreover, the tax plan, a manual donation benefits from the allowances, for donations (see p. 93) and is therefore taxable only if it exceeds these allowances. But remember, if you have already made donations to the same person for less than 10 years, their amounts will be deducted from the allowances applicable to gift you are considering. Finally, a gift or present use is a manual donation to the courts or the tax authorities only if it is of such importance that it actually decreases your wealth and impoverish you. However, neither the law nor case law set schedule (see No. 965 of the Individual).
Document the terms of the grant
This document should express your intention to, and specify the nature of the donated goods, their value and the date of the donation. It will be signed by you and the recipient, who must keep it carefully (keep in as a double). With respect to third parties, including heirs, this document will allow the recipient to establish subsequently that the property legally belongs to him, and that you have not just lent him, or that it is not appropriate without your agreement. With respect to the tax authorities, whether it is a sum of money, this document will serve the donee to establish the origin and ensure that it is subject to automatic taxation imposed on income not declared. Legally, it is possible to attach a manual gift as a donation notary, special clauses (called Deputy pact), stipulating, for example if the recipient is an heir of the donor that the gift is not deducted from his inheritance, but will add to it (clauses say préciputaires). Or, if the donee is married under a regime of universal community, the gift shall be his own, and not half to the spouse. These clauses must be signed by the donor and the donee, and it is best to register them with the tax revenue. But beware: unless you have extensive powers in law, do not go it alone in drafting such clauses. If you feel it is essential to enlist the donation, contact a notary: you will have to pay fees, but you will be sure that the terms of your donation will match your intentions.
Make the donation
The manual donation made by the mere physical delivery of the donated.
However, according to the nature of the property transmitted, specific precautions or procedures are recommended.
Money
The cash donation leave no trace. Also, prefer a check or wire transfer, the courts equate with a manual donation, and that establish the date of the donation and its amount.
Jewelry or valuables
To avoid subsequent disputes, it is best to have a written document describing the goods and establishing market value: an invoice, for example. Otherwise, if the objects and their potential value warrant, you can achieve expertise (allow at least 100 € for a single expertise).
securities
They can not be delivered by hand to hand, as they are dematerialized. The manual donation will transfer title of your securities account to that of the recipient, performed at your request, by the institution that holds your securities account. Check rates and the time charged for this: generally about 0.1 to 0.2% of the amount transferred, but with a minimum charge per line (set of identical securities) at least ten euros.
It often takes from 2 to 3 weeks for the transfer to be effective.
Car
For the donee can register and insure the vehicle in his name, you must give him
the old logbook, bear the endorsement "given on .................." and your signature; a certificate of transfer vehicle (document available in prefectures or sub-prefectures, or the Internet), an administrative status certificate issued less than a month to ask the prefecture or sub-prefecture of registration, or the Internet; if the vehicle has more than 4 years certificate roadworthiness not older than 6 months.
Declare and register the donation
The law does not require to declare the donation when performed, but only in the months of "revelation". This can be voluntary, at the initiative of the donee or constraint, following a request for information from the IRS or a tax audit with the donee, or when opening the donor's estate . However, in most cases (see No. 974 of the Individual), it is best to declare the gift as soon as you do.
The statement rests with the recipient, but the donor can make it for him, as a representative of the donee. It takes place on the printed No. 2735, "Manual gift statement," available with its explanatory notes in the revenue from taxes or the Internet. The declaration must be submitted to the recipe of the donee of the tax domicile, with the payment of any owed. The filing of the declaration gives its registration, which has the effect of fixing unquestionably the date the donation was made and therefore the starting point of the 10-year period beyond which the allowances enjoyed by this gift will be deducted more on subsequent donations or donations. The donor must keep safe this statement and give a copy to the donee if it has not made the declaration itself.