Personal tax

Today, the tax choices made in relation to the creation, structuring and transfer of assets are crucial. This is the case, for example, in connection with:

Setting up and transferring your business
Remuneration of managers and executives (bonus shares, stock options, new business creator share warrants (BSPCE), and share warrants (BSA)
Investments in property: acquisition of real estate
Preparation of your tax returns (income tax (IR), tax on property (IFI), exit tax, trusts)

Scope of services

We support you in your decision making on the basis of our expertise in the handling of complex cases and our regular dealings with the tax authorities and the main tax lawyers' associations (IFA, IACF, etc.).

Photo illustrating the business transfer.

Transfers of businesses

Whether passing on a business to one's children or selling it in whole or in part to a third party, the project must be planned in advance and requires expertise in the financial, legal and tax fields.

That is why we have developed a network of partners (financial advisers, chartered accountants, bankers, notaries, etc.) that allows us to offer you comprehensive support.

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This covers both the analysis phase (analysis of your professional and personal project, asset and tax review, etc.) and the execution phase (legal and financial audit, drafting of legal and tax documentation, negotiation, etc.)

We take into account the various legal mechanisms that allow for tax optimisation.

Assignment:

  • Contribution-assignment regime (Article 150-0 B ter of the General Tax Code - CGI) which makes it possible to defer capital gains tax provided that a significant part of the proceeds of the assignment is reinvested
  • Rules governing the retiring manager's allowance

Donation:

  • The Dutreil pact regime, which allows for a 75% deduction on the value of the shares transferred subject to compliance with a certain number of conditions (in particular, the signing of a lock-up commitment)
  • Division of ownership (bare ownership/usufruct)

Management packages

Employee share ownership mechanisms, traditionally implemented by large listed groups, are now widely used in the field of private equity, to align the interests of managers and executives with those of financial investors (investment funds, business angels).

Alongside the classic legal mechanisms (bonus share allocation plans, stock options), there is now a range of legal tools (BSPCE, BSA, preference shares) that enable developing companies to retain their teams, by giving them the possibility of acquiring a share of the future capital gain, while limiting their payroll costs.

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Each of these schemes has its own particularities in terms of:

  • The beneficiaries
  • The tax and social charges for the company
  • The tax and social charges for the beneficiary

We support you in the selection, implementation and monitoring of your employee share ownership plans while ensuring a secure tax framework, as share ownership plans are the subject of particular scrutiny by the Public Finances Directorate General (DGFIP).

Photo illustrated by the Management packages of our law firm
Photo illustrated by the real estate acquisition service of our tax lawyers in Paris.

Acquisition of real estate

Investment in real estate, whether private or professional, is at the core of most wealth management strategies.

It is therefore essential to choose the right legal structure for the acquisition: acquisition directly or via a company (family SARL, SCI, or even a commercial company).

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The choice of the structure and its tax regime will depend on a number of criteria, such as the use of the property (private use or rental), the type of rental envisaged (furnished or unfurnished), the method of financing for the acquisition (own funds or bank loan), etc.

Above all, the analysis will have to take into account the various taxes that may result from the holding of real estate, namely:

  • Income tax and social security contributions
  • Tax on real estate wealth
  • Gift and inheritance tax

References

ADDRESS
8 rue Royale 75008 PARIS
TELEPHONE
(33) 1.79.35.10.80
E-MAIL
secretariat@altitude-avocats.com
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