By Baptiste Murier, antique and second-hand dealer in Île-de-France.
The short answer: in a French estate, if the furniture is neither sold at auction within two years, nor described in an official inventory, the French tax authorities count it as at least 5 % of the value of the other assets. This is the forfait mobilier (furniture allowance), set out in article 764 of the French tax code (Code général des impôts, CGI). When the real furniture is worth clearly less, this allowance makes the heirs pay tax on a value that does not exist. An inventory, or a public sale, can then lower the taxable base.
We are neither notaires (notaries) nor tax specialists. We are antique dealers, and we often see this question come up in families. This article explains the rule simply. For your own case, everything should be checked with your notaire.
What does article 764 of the French tax code say?
Article 764 sets how movable property is valued for inheritance tax. It provides three methods, in a set order. You move on to the next one only if the previous one does not exist.
- A public sale within two years. If the furniture is sold publicly, meaning at auction, within two years of the death, the sale price is what counts.
- The inventory. Without a sale, the value used is the one in an inventory drawn up in the form set by article 789 of the French Civil Code, within five years of the death.
- The estimated declaration. Without either of these, the heirs declare a detailed value themselves. But for household furniture, this value cannot be lower than 5 % of all the other assets in the estate.
The text adds two important points. The tax authorities do not have to prove that the furniture exists: the allowance applies even if the declaration lists none. And the rule ends with words reserving the right to prove otherwise. In other words, the heirs can show that the furniture is worth less.
How is the 5 % allowance calculated?
The principle is simple. For every 100 of other assets in the estate (property, bank accounts, investments), the tax office counts 5 of furniture. According to the tax authorities' official guidance (BOFiP, BOI-ENR-DMTG-10-40-10-20), this calculation is made on the assets before debts are deducted.
The detail of the base can vary: some exempt assets are left out, and the deceased's marriage regime also plays a part. That is the notaire's work.
What counts as "household furniture"?
The French Civil Code defines meubles meublants (household furniture) in article 534: these are the movable items meant for the use and decoration of the home. The text gives as examples beds, seats, tables, mirrors, clocks and porcelain. Paintings are included when they decorate the home.
On the other hand, the allowance does not cover jewellery, collectors' items, or a collection of paintings. These follow a separate rule, explained below.
When does the allowance cost too much?
The most common case: an estate with a flat or substantial savings, and ordinary furniture. Furniture from the 1970s, household appliances, everyday crockery. Their real resale value is often far below 5 % of the rest. The heirs then pay tax on overvalued furniture.
This is not always the case. If the estate includes period furniture, a fine clock or a collection, the furniture may be worth more than the allowance. And the tax authorities can also set the allowance aside if they prove a higher value. Hence the point of knowing, before choosing, what the contents of the home are really worth.
Finally, the allowance only matters if there is tax to pay. Under French law, the surviving spouse and the Pacs partner (civil partner) are exempt (article 796-0 bis of the CGI). The question mainly arises for children beyond their tax free allowance, and for nephews, nieces or more distant heirs.
Inventory and public sale: the two ways out of the allowance
The inventory in the form set by article 789 of the Civil Code
The inventory describes and values the property, item by item. Article 789 of the French Civil Code provides that it is drawn up by a notaire, a commissaire-priseur judiciaire (court appointed auctioneer) or a huissier (bailiff). Since 1 July 2022, these last two professions have been merged into that of commissaire de justice (court officer). In practice, your notaire will tell you who should do it. To count under article 764, the inventory must be made within five years of the death.
An inventory has a cost. So you need to compare that cost with the tax saved. Your notaire can do this calculation with you. According to the BOFiP, an inventory that does not follow the required form cannot serve as the legal basis, but it can still be used as evidence to prove a lower value.
A public sale within two years
If the furniture is sold at public auction within two years of the death, the net sale price becomes its value for tax purposes. If only part of it is sold, the price applies to those items, and the inventory to the rest, if there is one.
Be careful: a sale to a dealer, even at a fair price, is not a public sale. So it does not set the value for tax purposes: at best, it serves as a clue, which the tax authorities assess.
Other ways to prove a lower value
The BOFiP mentions situations where the heirs can show there was no furniture, or almost none. For example, a deceased person who lived in a hotel. A stay in a care home is not enough on its own: other evidence is needed, such as a statement from the director, the end of the lease or the sale of the former home.
What is an antique dealer's valuation for?
Our valuation is not an inventory within the meaning of article 764. It does not set the value for tax purposes. But it is useful before you decide, and it is free.
- It tells you whether the furniture is worth much less than 5 % of the rest, or on the contrary more.
- It helps the notaire and the family judge whether an official inventory is worth its cost.
- It picks out the items that need the attention of the commissaire de justice: clocks, silver, paintings, period furniture.
- It prepares the sharing out and the sale.
You can ask for a valuation of your antiques at home or from photos. And for the full step by step approach, read what to do with the furniture in an estate.
One important piece of advice: if an official inventory is possible, do not empty the home beforehand. A house clearance comes last, once decisions have been made with the notaire.
Jewellery, works of art and collections: a separate rule
Section II of article 764 covers jewellery, precious stones, works of art and collectors' items. For these, the declared value cannot in principle be lower than the valuation in a theft or fire insurance policy. This policy must be in force on the day of the death and have been taken out less than ten years before. Proof of a lower value remains possible.
So find the home insurance policies and their schedules. And have the antique jewellery valued separately from the rest of the furniture.
What to do, in order
- Sell or clear nothing before talking to the notaire.
- Photograph each piece of furniture and each item.
- Have the contents of the home valued to know where you stand.
- Decide with the notaire: allowance, inventory or public sale.
- Only then: sharing out, sale, donations and clearance.
These rules are general. Your notaire remains the person who decides which method suits your estate.
Know what the furniture is worth before you choose
Send us photos of the rooms and the furniture on WhatsApp at 06 24 56 38 58 (from abroad: +33 6 24 56 38 58). We will give you a first idea, then we can come to the property for a free valuation without obligation, in Paris and the Ile-de-France.
