French Usufruits - recent Cour de cassation decision on their nature

The French Cour de cassation has handed down a ruling confirming several points in relation to the nature of a usufruit, which undermines HMRC’s current attempts to assimilate these to trusts capable of “regulation” as such within the context of of s.43(2) ITA 1984.

Please feel free to refer to
subject of course to the usual T&Cs.
In that context, please note the change in my contact details and jurisdiction.

Peter Harris

I have seen a disturbing “advice” from a firm of solicitors, with a French avocat on their pay roll, that a usufruit dismemberment by way of a gift of the nue-propriété was a trust. There is no fiduciary relationship between a usufruiter and a nu-propriétaire which could conceivably give rise to any trust - and therefore not to a settlement - over French land.