Is a gift of money to my child taxed in Tunisia?

Answer by the AvoConsulte editorial team

The amounts and allowances you may read about on French websites come from French law and do not apply in Tunisia. Under Tunisian law you can make a gift to your child, but it has formal requirements, and the deed recording it is subject to registration duties.

What the Personal Status Code says

• A gift is a contract by which one person transfers ownership of property to another free of charge (article 200), so the person receiving it must accept it.
• It is only complete once the property is handed over, and it is void if the giver or the recipient dies before the handover (article 201).
• Article 204 requires an official (authentic) deed for a gift to be valid, while simple handover is enough for physical movable property. Whether a bank transfer alone is enough for a sum of money is a question for a notary; a deed protects both you and your child.
• A gift made by a sick person during their last illness is treated as a bequest (article 206) and follows the rules on wills.

Taking a gift back

A clause reserving the right to revoke the gift is void (article 209). The giver can only ask for revocation in specific cases, such as serious ingratitude by the recipient, the giver becoming unable to support himself, or a child being born to the giver after the gift (article 210).

Registration duties

Gifts are subject to the registration duties of the Registration and Stamp Duties Code, calculated on the real value of what is given (article 39). The rate depends on the family relationship and the type of property, and finance laws have changed it several times, so we give no figure here. Ask the notary or the tax office (recette des finances) for the current rate before signing.

Practical advice

• Keep the transfer receipts and something in writing showing the money is a gift, not a loan.
• Think about fairness between your children and about how the gift will weigh when your estate is divided; see a lawyer or notary if the amount is large.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Code du statut personnel – Des donations, dispositions générales (art. 200) Jurisite Tunisie
2. Code du statut personnel – De la donation (art. 201 à 206) Jurisite Tunisie
3. Code du statut personnel – De la révocation de la donation (art. 209 à 213) Jurisite Tunisie
4. Code des droits d'enregistrement et de timbre – Dispositions spéciales aux donations (art. 39) Jurisite Tunisie