A SAFE RETIREMENT
You want to create additional income, either because you do not have a pension, or because it is insufficient (reversion) or because you expect that a subsequent retirement in a retirement home will lead to additional income needs, or Because you want to ensure the future of a member of your family.
The life annuity sale of a property will give you the guarantee of a SAFE, INDEXED and highly DEFISCALIZED retirement, which can be REVERSIBLE at 100%.
Whether you sell life annuity or occupied life annuity, the annuity you receive will be guaranteed by the following means (guaranteed by the seller), which will allow you to be sure of your lifetime.
The precaution to be taken is to require in the deed that is provided to you the guarantee of a SELLER PRIVILEGE WITH RESERVE of the RESOLUTOIRE ACTION, registered in the mortgage office of the situation of the property sold by NOTARY draftsman, and that It is stipulated in the deed that it will play FULL RIGHT in default of payment of a single annuity arrear, one month after a simple unsuccessful bailiff's command. In this case, the RESOLUTION of your sale is automatic, the court only acknowledging it. You will be able to retain all that has been paid to you (BOUQUET + all the ANNUITIES) and to RESALE the good, generally on more interesting conditions.
On the other hand, VIAGER-RETRAITE will suggest to you always to demand a BOUQUET, the loss of which by your purchaser will make the non-payment of the rent highly unlikely.
If you sell OCCUPIED OCCUPIED LIFE, you must have the option for you to WAIVE to this enjoyment, whether you leave the premises for personal convenience or to leave in RETIREMENT HOME.
In this case the RENTED must be INCREASED, theoretically of the rental value of the property. In fact, in order to take account of the balance of the contract as regards taxation, the practice consists in retaining 30 to 40% of this rental value, which should be predetermined at the time of sale and indexing.
The RENUNCIATION may be RENEWED by the debtor, by means of a CAPITAL; It is nevertheless less frequent than an increase in rent.
In addition, if you sell a busy life annuity, you will no longer have to pay for house tax and household waste, so you will no longer have to pay property taxes, trustee fees, insurance Of the building, and heavy work; You will actually be in the situation of a tenant.
In the event of a sale in free life, what has just been said does not apply anymore, but in this case, your RENTED will be more important, having abandoned any reserve of enjoyment.
AN INDEXED RETIREMENT
Annuities are predominantly indexed, it is elementary to retain the purchasing power of the credirer.
Being a food debt, the INDEXATION of the rent is FREE. So you can refer to any clue. In general, one chooses the index of CONSUMER PRICES, published every MONTH by the INSEE, sometimes the index of the COST of the CONSTRUCTION whose variations are more erratic.
Each year, on the anniversary date of the contract, the annuity will be REVALUED of the increase in the chosen index, whatever this increase.
A STRONGLY DEFISCALIZED RETIREMENT
The table below shows the tax deduction for the life annuity and the amount to be reported to the IRPP, based on your age.
|AGE||60 years||70 years||+ 70 years|
Thus, the interest of receiving a life annuity rather than income from land, whose abatement of 14% is abolished from 2006.
This should encourage the owners of commercial walls or rental apartments to sell them in life annuities, to transform their property income into a tax-free rent. VIAGER-RETRAITE also specialized in this transformation.
REVERSIBLE RETIREMENT AT 100%
Faced with the low level of reversion pensions (generally a 50% decrease), while local taxes, condominium fees, lighting, heating, maintenance and repair work remain the same, Situation of a SURVIVING SPOUSE may deteriorate sharply. The possibility provided by article 1973 of the Civil Code to provide for a REVERSION of the pension, even at 100%, brings an effective and lasting solution to this problem.
In addition, the life annuity can be constituted for the benefit of a THIRD PARTY, although the price is provided by another person (article 1973 of the Civil Code), this faculty makes it possible to SECURE the future of a vulnerable person Or minor) after his own disappearance.
Obviously, this reversion may be DIFFERENTIATED according to whether the survivor is the beneficiary of the original pension or for any other reason of circumstance.
WARRANTIES OF THE LIVING VENDOR
They generally take 3 forms:
- Seller's privilege and resolutory action
- The conventional mortgage
- The antichrèse
SELLER PRIVILEGE AND RESOLUTIONARY ACTION
This is the best guarantee, but is only possible if the life insurance concerns the sale of a property REAL ESTATE. Registered with the Bureau of Mortgages of the situation of the immovable, at the diligence of the notary drafting the deed of sale, it allows either to sell the property and to pay the sums due, on the price, preferably, More effectively, to recover the property sold, retaining all the sums paid by the debtor.
Taken under the same conditions as the above guarantee, it confers on the creditor a droit de suite and preferably. The creditor may sell the property in whatever hand it is and pay first, but he can not recover the property sold, except to buy it back at auction and offset its price with the sums due, which always represents difficulties.
Real right, often ignored, but provided for by the Civil Code, (article 2.085) is in fact a "super mortgage", because it allows its holder to enjoy the property encumbered by an antichrès, and thus guarantees The rent promised, either by the collection of income from the encumbered assets or by personal enjoyment.
It may be thought that this right has a great future, insofar as it allows the transfer of the enjoyment of a good without selling it, hence without triggering any real appreciation of real estate. Coupled with a life annuity, it perfectly secures the transaction, much better than a simple mortgage.
YOU AND YOUR HEIRS
By selling in life your children are not disinherited:
You will distribute to them the bouquet, in advance of succession, by donations which benefit every 6 years of abatements and considerable reductions:
- Abatement of 150 000 € per child
- Reduction of 50% before 70 and 30% between 70 and 80 years
- Abatement of 30 000 € per small child
- Abatement of 5000 € per rear small child
This may represent a personal contribution to any real estate investment when they need it most. You will also be able to purchase life insurance benefits.