Assurance Vie is the leading savings vehicle in France: the volume of life insurance policies in force reached €1,876 billion at the end of December 2021, according to key data from France Assureurs.
Assurance Vie: Basic Principles
There are three types of life insurance policies: Assurance Vie for life, Assurance Vie for death and combined Assurance Vie for life and death. Assurance Vie policies guarantee the payment of a capital amount or annuity to the policyholder or the beneficiary designated in the policy.
Death Assurance Vie is a guarantee for relatives of the insured person, while Life Assurance Vie is used more as an investment since the insured person can be the beneficiary of the contract.
There are many different Assurance Vie options, depending on the duration chosen and the exit options (annuity payment or capital amount). The risks to which the policyholder is exposed also depend on the type of policy: policies issued to the euro fund have a guaranteed capital, while the capital of policies linked to units or unités de compte (UC) shares varies depending on the financial market situation.
Assurance Vie policies are governed by the Insurance Code, in particular Articles L131-1 and L132-1 et seq.
Pre-contractual information on Assurance Vie, legibility and transparency of contracts have been strengthened by Law 2005-1564 of December 15, 2005.
Economic financing
In order to direct citizens' savings to finance the economy, government agencies have created special products.
Thus, by Decree No. 2014-1011 of September 5, 2014, a new Assurance Vie contract with reference to UC, provided for in Article 990 I of the General Tax Code, was introduced, pursuant to the Law on Amendments to the Finance Law of 2013, aimed at directing savings to business financing.
Decree No. 2014-696 of June 26, 2014, which encourages Assurance Vie contributions to finance the economy, also creates new Assurance Vie euro-croissance agreements aimed at small and medium-sized enterprises. Decree No. 2019-1437 of December 23, 2019 puts into effect the reform of these treaties, provided for in article 72 of the Law of Covenants of May 22, 2019, as of January 1, 2020.
Taxation of Assurance Vie
The taxation of Assurance Vie, detailed on the France Assureurs website, varies depending on the contract and the terms of the exit. Thus, beneficiaries of contracts liquidated at the time of death enjoy an exemption from inheritance tax under the conditions specified in the tax documentation BOI-ENR-DMTG-10-10-20-20.
Flat tax prélèvement forfaitaire unique (PFU)
Section 28 of the Finance Act 2018 introduces a flat rate PFU levy to simplify and reduce the taxation of income from financial instruments (interest, dividends) and capital gains at a flat rate of 30%.
Taxpayers with lower incomes may choose the TMI income tax bracket if it is more advantageous. However, the previous regime remains for Assurance Vie policies with total assets of less than €150,000.
Income tax
From an income tax perspective, Assurance Vie products are subject to the preferential treatment established in Article 125-0 A of the General Tax Code and commented on in tax filing BOI-RPPM-RCM-10-10-80. Thus, depending on the option chosen, policies older than 8 years receive the following benefits:
- A deduction of €4,600 (or €9,200 in the case of joint taxation) on income tax.
- And a reduced withholding tax rate of 7.5%.
Section 125-0 A of the General Internal Revenue Code provides an exemption from income tax when withdrawals result from layoffs, early retirement, or disability.
In addition, Assurance Vie policies are entitled to a tax reduction when issued in favor of persons with disabilities, up to 25% of the amount of premiums paid, in accordance with Article 199 of the General Tax Code.
Unclaimed contracts
Law No. 2007-1775 of December 17, 2007 obliges insurers to search for beneficiaries of expired contracts if they have not appeared and their details are not indicated in the contract.
The scope of insurers' obligations regarding unclaimed contracts was strengthened as of 1 January 2016 by Law 2014-617 of 13 June 2014 on dormant bank accounts and dormant Assurance Vie contracts, implemented by Decree 2015-1092 of 28 August 2015.
This text strengthens the obligations to inform and identify beneficiaries of contracts and defines the conditions for the transfer of assets to the Caisse des dépôts et consignations (CDC), as well as the conditions for the return of these amounts to the owner or their transfer to the CDC state after the expiration of the limitation period.
“Sleeping” accounts: how to get a refund
On the site Ciclade you can find inactive Assurance Vie policies and inactive accounts paid by banks to the Caisse des Dépôts. Lafinancepourtous.com explains how to find life insurance and dormant bank accounts.
Decree No. 2015-362 of March 30, 2015 requires insurance companies to declare the subscription, calculations and value of Assurance Vie policies to the tax authorities as of January 1, 2016. The latter maintains a file of inactive Assurance Vie contracts.
In addition, any person who believes they are a beneficiary of an inactive Assurance Vie contract held by a deceased person can contact the Insurance Risk Information Management Association (Agira), which is responsible for conducting the search.
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