Wealth management, Philanthropic commitment

Philanthropy and charitable giving

Structuring a philanthropic commitment means choosing the right gift instrument and, where appropriate, the right long-term vehicle, aligning the donor's intent with taxation and estate planning. The firm advises individuals, families and companies across the entire framework: 66% income tax reduction (French Tax Code art. 200), 60% corporate income tax reduction (French Tax Code art. 238 bis), 75% IFI reduction (French Tax Code art. 978), creation of an endowment fund or foundation, and exemption from transfer duties on gifts and bequests to charitable bodies (French Tax Code art. 795).

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Structuring a philanthropic commitment

A philanthropic commitment is structured around three questions: which cause to support, over what horizon (a one-off gift or a permanent endowment), and through which vehicle. The tax treatment follows from these choices, not the other way round: the patrimonial intent dictates the instrument, and the tax advantage should never dictate the generosity.

French law distinguishes the simple gift, which entitles the donor to a tax reduction without any dedicated structure, from organised philanthropy, which relies on a vehicle of its own: an endowment fund, a State-recognised public-interest foundation or a sheltered foundation. The former favours flexibility; the latter allow the commitment to endure over time and involve the next generations in its governance.

Making family philanthropy permanent requires articulating the philanthropic vehicle with estate planning: gifts and bequests to charitable bodies benefit from an exemption from transfer duties (French Tax Code art. 795), and a permanent vehicle can receive legacies, structure intergenerational governance and ring-fence part of the family wealth in the service of a cause.

The firm deliberately takes on a limited number of engagements to guarantee the direct involvement of its partners on every matter, and systematically assesses whether a dedicated structure is warranted before any commitment.

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The tax framework for gifts and philanthropic vehicles

01

Gifts by individuals

A gift by an individual to a public-interest body entitles the donor to an income tax reduction, which varies according to the cause supported and is capped as a proportion of income.

  • 66% income tax reduction on amounts given, up to 20% of taxable income (French Tax Code art. 200), with any excess carried forward over the following five years
  • 75% reduction for gifts to bodies assisting people in hardship (the so-called "Coluche" scheme), within an increased annual ceiling set by statute
  • Eligibility conditional on the body's public-interest status: disinterested management, non-profit activity, no restricted circle of beneficiaries
  • Accepted forms of gift: cash, securities, works of art, waiver of income or proceeds, expenses incurred by volunteers
  • Substantiation by a compliant tax receipt, a condition of the benefit
02

Corporate philanthropy

A company supporting a public-interest cause benefits from a reduction in corporate income tax or personal income tax, subject to an alternative ceiling.

  • 60% tax reduction on amounts given (French Tax Code art. 238 bis), lowered to 40% for the portion of gifts exceeding 2 million euros
  • Alternative ceiling: 20,000 euros or 0.5% of turnover excluding VAT, whichever is higher
  • Any excess carried forward over the following five financial years
  • Benefits in return accepted within reasonable limits (patronage is distinct from sponsorship, which follows an advertising rationale)
  • Specific regime for patronage of certain cultural bodies or the acquisition of national treasures
03

IFI and estate planning

A gift can reduce the real estate wealth tax (IFI) and, on death, a bequest to a charitable body escapes gift and inheritance duties.

  • 75% IFI reduction on gifts to certain bodies (in particular State-recognised public-interest foundations), capped at 50,000 euros (French Tax Code art. 978)
  • No cumulation, for the same payment, of the IFI reduction and the income tax reduction under article 200
  • Exemption from gift and inheritance duties for gifts and bequests to eligible charities and foundations (French Tax Code art. 795)
  • Articulation with estate planning: bequest to a foundation, residual bequest, forced heirship rules
  • Transfer of a business or a collection in the service of a lasting philanthropic project
04

Philanthropic vehicles

Beyond the one-off gift, organised philanthropy relies on a dedicated structure, chosen according to the scale of resources, the time horizon and the degree of family governance sought.

  • Endowment fund, quick to create by simple declaration, no statutory minimum endowment beyond the regulatory threshold, flexible governance (Act no. 2008-776 of 4 August 2008, art. 140)
  • State-recognised public-interest foundation, a demanding framework, a substantial endowment, a decree issued by the Conseil d'État, strong institutional legitimacy
  • Sheltered foundation, housed under the aegis of an existing foundation, to commit without creating a standalone structure
  • Choice guided by the time horizon, the resources and the family governance sought
  • See our page on fiducie, foundations and endowment funds
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Lead counsel, Jonathan Bensaid

Founding partner of the firm, Jonathan Bensaid advises families and entrepreneurs on wealth structuring, succession and dedicated vehicles, endowment funds, foundations and fiducie. He articulates philanthropic commitments with estate planning and family governance, in France as well as on French-Swiss matters between Paris and Geneva. On the corporate income tax and VAT aspects of corporate philanthropy, he works alongside François Ouairy.

  • Philanthropy & charitable giving
  • Income tax reduction, French Tax Code 200
  • Corporate philanthropy, French Tax Code 238 bis
  • IFI reduction, French Tax Code 978
  • Endowment funds & foundations
  • Succession & transfer duties, French Tax Code 795
— FAQ

Frequently asked questions

What tax reduction applies to a gift by an individual?

A gift by an individual to a public-interest body entitles the donor to an income tax reduction of 66% of the amount given, up to 20% of taxable income (article 200 of the French Tax Code). Where payments exceed this ceiling, the excess is carried forward over the following five years. For gifts to bodies assisting people in hardship (provision of meals, housing or care, the so-called "Coluche" scheme), the rate is increased to 75% within a specific annual ceiling set by statute. The reduction is conditional on the beneficiary body issuing a compliant tax receipt.

How does corporate philanthropy work?

A company making a gift to a charity or a public-interest body benefits from a 60% tax reduction on the amounts given (article 238 bis of the French Tax Code), lowered to 40% for the portion of gifts exceeding 2 million euros. The reduction is capped at 20,000 euros or 0.5% of turnover excluding VAT, whichever is higher. Any excess is carried forward over the following five financial years. Patronage, which expects no equivalent advertising benefit in return, is distinct from sponsorship, which is treated as a deductible expense rather than a tax reduction.

Can a gift reduce the IFI?

Yes. Gifts to certain bodies, in particular State-recognised public-interest foundations and research or teaching institutions, entitle the donor to an IFI reduction equal to 75% of the payment, capped at 50,000 euros (article 978 of the French Tax Code). The same payment cannot qualify for both the IFI reduction and the income tax reduction under article 200: depending on the circumstances, a choice must therefore be made between the two schemes.

Endowment fund or foundation: which vehicle should you choose?

The endowment fund (Act no. 2008-776 of 4 August 2008, article 140) is quick to create, by simple declaration to the prefecture, with flexible governance; it suits a commitment that the donor wishes to launch without institutional formality. The State-recognised public-interest foundation requires a substantial endowment and a decree issued by the Conseil d'État: a more demanding framework, but one with strong legitimacy and the capacity to receive bequests. The sheltered foundation, housed under the aegis of an existing foundation, allows action without creating a standalone structure. The choice depends on the time horizon, the resources and the degree of family governance sought. See our dedicated page on foundations and endowment funds.

Are bequests to charities exempt from inheritance duties?

Yes. Gifts and bequests to eligible charities, foundations and bodies are exempt from gift and inheritance duties (article 795 of the French Tax Code). This exemption covers, in particular, State-recognised public-interest foundations meeting certain conditions, endowment funds whose statutes provide that the endowment may not be consumed, and public or public-interest institutions pursuing a disinterested purpose. A bequest to a foundation or an endowment fund is therefore a tool for making family philanthropy permanent, to be carefully articulated with forced heirship rules.

Which bodies qualify for the tax reduction?

The tax benefit requires the body to have public-interest status: disinterested management, a predominantly non-profit activity, and no operation for the benefit of a restricted circle of persons. Eligible bodies include charities and organisations of a philanthropic, educational, scientific, social, humanitarian, sporting, family or cultural nature, as well as eligible foundations and endowment funds. In case of doubt, the body may apply for an advance tax ruling to secure its eligibility before issuing receipts.

Can you give something other than money?

Yes. A gift qualifying for the reduction may take the form of a cash payment, but also a gift in kind, such as securities, works of art or real property, a waiver of income or proceeds (rents, royalties), or expenses incurred by volunteers who forgo reimbursement. A gift in kind requires a rigorous valuation, under the donor's responsibility, which determines the basis of the reduction. Certain gifts of securities or works of art call for a specific analysis with regard to capital gains and valuation.

How do you articulate philanthropy with family succession?

Lasting family philanthropy relies on the articulation between a dedicated vehicle (an endowment fund or a foundation) and the succession strategy. A permanent vehicle can receive gifts and bequests exempt from duties (French Tax Code art. 795), involve the next generations in its governance, and ring-fence part of the family wealth in the service of a cause. The structuring must respect forced heirship rules and be articulated with the other wealth-planning tools: gift-partition, dismemberment of ownership, asset-holding company, fiducie. A comprehensive analysis, specific to each family, is essential.

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