Legal Definitions - droit de détraction

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Definition of droit de détraction

Droit de détraction refers to a specific type of tax applied in international law. It is levied on property that has been inherited, either through a will or by legal succession, when that property is subsequently moved from the jurisdiction where it was inherited to a different state or country.

Here are some examples to illustrate this concept:

  • Imagine a situation where a person inherits a valuable antique painting located in France from a deceased relative. If that heir decides to move the painting from France to their home in the United States, France might impose a droit de détraction on the painting's value because the inherited asset is being removed from French territory.

  • Consider a scenario where an individual inherits a substantial sum of money held in a bank account in Switzerland. If the heir then transfers these inherited funds from the Swiss bank to their personal bank account in Canada, Switzerland could apply a droit de détraction on the transferred amount, as the inherited wealth is leaving Swiss jurisdiction.

  • Suppose someone inherits a rare collection of vintage automobiles located in the United Kingdom. If the heir decides to ship this entire collection to their new residence in Australia, the United Kingdom might levy a droit de détraction on the value of the car collection, as the inherited physical assets are being exported from the UK.

Simple Definition

Droit de détraction, a French term meaning "the right of withdrawal," refers in international law to a specific tax. This tax is imposed on property that has been acquired through inheritance (by succession or will) and is then moved to a different state or country.

The young man knows the rules, but the old man knows the exceptions.

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