If you’re thinking about helping your children become homeowners, the countdown is on. The finance law for 2025 created an exceptional exemption from gift tax for donations of sums of money made between February 15, 2025 and December 31, 2026. “This exemption concerns donations made to one’s children, but also to one’s grandchildren and great-grandchildren”specifies Nahima Zobri, tax lawyer and head of the tax department at Dougs. In the absence of descendants, nephews and nieces can also benefit.
The amount at stake is considerable. Each donor can transmit up to 100,000 euros, and donations are added up on the beneficiary side : “We can accumulate up to 300,000 euros per beneficiary. For example, 100,000 euros from the first parent, 100,000 euros from the second and 100,000 euros from a grandparent”explains Nahima Zobri. And that’s not all: this system is added to the classic reductions, including that of 100,000 euros per parent and per child every fifteen years. A parent can therefore, in theory, transmit more than 230,000 euros to a child without a euro of duties.
A supervised donation: new housing or works
Be careful though, this money cannot be used for just anything. “There are safeguards: this donation must be used to the purchase of the main residence or to finance work in the main residence, it is regulated »warns the lawyer. In addition, the acquisition must relate to new housing or in the future state of completion (VEFA); old housing is therefore excluded. For work, only energy renovation work eligible for MaPrimeRénov’ is accepted, and the exemption is capped at the value of the accommodation acquired or the amount of work.
Once the donation is received, the schedule is a little more flexible: “We still have some room for maneuver in the chronology. The amounts must be paid before the deadline of December 31, 2026, but funds can be used up to six months later »explains Nahima Zobri. A donation received at the end of December can therefore finance a purchase signed in spring 2027. On the other hand, it is impossible to look at the problem the other way around: the donation cannot be used to repay a loan taken out before February 15, 2025.
Keep this main residence for at least five years
Additionally, there is another safeguard: “This main residence must be kept for at least five years, otherwise the exemption is called into question”assures Nahima Zobri. In the event of early resale, the tax authorities may claim the duties that should have been paid. An alternative exists for those whose situation changes: “We can also rent the property for main residential use for at least five years”provided that the tenant is not part of the beneficiary’s tax household.
Finally, there is another trap: “The exemption will not apply if the beneficiary has already benefited from a tax credit or a reduction in charges for the same expenses. There is no no accumulation of tax advantages on the same property »insists the tax lawyer. Concretely, for work, you must choose: the exempt donation… or MaPrimeRénov’.
Finally, even totally exonerated, the gift must be declared within one month. “In forms 2734 and 2735, an insert “sums of money” mentions a box dedicated to donations made between February 15, 2025 and December 31, 2026. You must enter the date of payment, this is the key element. I also advise keeping proof »recommends Nahima Zobri. In the event of an audit, it is up to the beneficiary to prove the date of payment.
One question remains: should we draw on this system or on the classic reduction? The lawyer’s response is clear: “The legal reduction is still there, it is not replaced, and it is fully reconstituted fifteen years after the previous donation. It is therefore necessary use the new measure as a prioritywhich is temporary. » Especially since the window should not reopen: “There is obviously no question of renewing this measure. »
