What Is Assurance-Vie?
Assurance-vie is a legal category under the French Code des assurances, not a single product. France Assureurs groups under the term three broad contract families: assurances en cas de vie (savings and retirement), assurances en cas de décès (protection/prévoyance), and combined contracts. The defining legal characteristic is that the contract is written on the life of an assuré: the death or survival of that person conditions the outcome. This distinguishes assurance-vie from the contrat de capitalisation, which has no insured person and no survival risk.
With a total outstanding balance of €1,874 billion at end-2021 representing 38% of French household financial assets, assurance-vie placement is by far the most widely held savings vehicle in France. Gross premiums collected in 2021 reached €148.6 billion, of which €57.9 billion was invested in units of account — a continuing trend away from guaranteed euro funds toward market-linked supports.
The Three Contract Families
Assurance-Vie Placement: Savings Objectives
The capital différé avec contre-assurance structure, combined with the tax envelope, makes assurance-vie the primary savings and transmission vehicle in French estate planning. The instrument serves three distinct objectives:
- Savings and retirement income: the policyholder accumulates capital during their working life, then draws down by partial surrenders (rachats partiels) to supplement retirement income, or converts to an annuity.
- Long-term capital management within a privileged tax envelope, including regular income through withdrawals or an annuity.
- Estate planning and beneficiary protection: the death benefit passes outside the estate under C. ass. Art. L 132-12–13, with a favourable tax regime. The policyholder has broad freedom in naming beneficiaries, including persons who would not inherit under ordinary succession rules.
Investment Supports: Fonds Euros and Unités de Compte
Virtually all assurance-vie placement contracts on the market today are multisupports: they combine at least one fonds euros with a range of UC supports, allowing the policyholder to allocate premiums and switch between the two types. As at end-2021, 73% of total outstanding balances were in fonds euros and 27% in UC; the trend has been consistently towards UC for new premiums (39% of 2021 contributions). The law now requires all new UC contracts to include at least one ISR-labelled, one solidarity and one green-transition fund (C. ass. Art. L 131-1-2).
Specific Contract Categories
Euro-croissance contracts
Introduced in 2014 (reformed by the Loi Pacte 2019), contrats euro-croissance combine capital guarantee (at a defined future date, not daily as in fonds euros) with exposure to growth assets. Under the current regime, the capital guarantee at term is expressed in parts de provisions de diversification. They may form part of a multisupport contract alongside ordinary UC supports.
Vie-génération contracts
Available since 1 January 2014, these contracts qualify for a 20% additional abatement on the taxable base under the CGI Art. 990 I levy in exchange for investing at least 33% of premiums in UC supports directed toward social housing, solidarity economy, venture capital or intermediate-sized companies (CGI Art. 990 I, I bis). As at end-2021, approximately 4,294 such contracts existed with a total outstanding balance of €1.079 billion.
NSK and DSK contracts
Contrats NSK (available 2005–2013) and their predecessor contrats DSK (until 2004) imposed minimum allocations to European equities (30% and 50% respectively, including 5%–10% in unlisted or high-risk securities). Existing contracts continue to operate under their original rules. No new NSK or DSK contracts may be opened. They offered tax exemption on gains after eight years (income tax only, not social charges).
Contract Transformation Without Tax Penalty
Normally, transforming a contract into a different type is treated as a redemption, triggering tax on accumulated gains. Two mechanisms allow transformation without tax consequences, preserving the original contract's start date for fiscal purposes:
- Loi Pacte mechanism (since 2019): any assurance-vie or capitalisation contract may be transformed into a contract that is partially or wholly invested in UC, by amendment or by subscribing a new contract with the same insurer. The fiscal start date is that of the first premium on the original contract. This is the broader, more flexible mechanism.
- Fourgous mechanism (2005–2019, now superseded): transformation of a monosupport fonds euros contract into a multisupport contract, subject to a minimum UC allocation. Still relevant for contracts transformed under that regime.
- Transformation into euro-croissance: also fiscally neutral, with the original start date preserved (CGI Art. 125-0 A, 1-2°).
Between 2020 and 2021, 657,000 Loi Pacte transformations were recorded, transferring €21.9 billion, of which 17% was reinvested in UC. The practical incentive is to access newer, better-performing contracts offered by the same insurer, while retaining the tax advantages accumulated since the original subscription date — particularly the eight-year abatements on surrender gains.
Tontines
A traditional French savings structure still available through sociétés à forme tontinière (regulated under C. ass. Art. R 322-139 to R 322-159). Members commit premiums for a fixed period (10 to 25 years); on dissolution, surviving members share the pooled assets including the stakes of members who died during the period. There is no surrender right during the term. On survival, the proceeds are taxed as assurance-vie gains. On death, assets do not pass to heirs (unless a costly counter-insurance is attached). Under the former ISF wealth tax, tontines were not included in the taxable base because they could not be redeemed; under the current IFI (real property wealth tax), only any real estate component of the investment is potentially taxable.
Safety: FGAP and Foreign Contracts
The FGAP guarantee fund
The Fonds de garantie des assurances de personnes (FGAP) protects policyholders in the event of insolvency of a French-approved life insurer (Loi 99-532 of 25 June 1999; C. ass. Art. L 423-1 to L 423-8). All French-approved life and capitalisation companies are compulsory members. The FGAP covers each policyholder up to €70,000 per insolvent insurer.
Important limitation: EU and EEA companies passporting into France (including most Luxembourg insurers) are not covered by the FGAP. French policyholders holding contracts with Luxembourg companies must look to the Luxembourg guarantee system for protection.
Foreign contracts — Luxembourg
Contracts subscribed by French tax residents with foreign insurers (overwhelmingly Luxembourg) must be declared to the French tax authority. The total outstanding balance held by French residents with Luxembourg life insurers was estimated at approximately €70.3 billion, out of a total Luxembourg life insurance market of €212 billion. Luxembourg contracts are subject to the same French tax rules as domestic contracts — the fonds euros and UC tax regime, the CGI Art. 757 B and 990 I regimes at death — but may offer access to a broader range of UC supports and individual asset management within the contract.
Our French law practice advises on the selection, structure and estate planning use of assurance-vie contracts, including beneficiary clause drafting, IFI treatment, and succession tax optimisation.
Book a ConsultationThis article is provided for general informational purposes only and does not constitute legal or financial advice. Performance figures cited relate to 2021 and will not reflect current market conditions. Tax rules on life insurance are subject to legislative change. Readers should consult a qualified adviser before subscribing or modifying a life insurance contract.
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Get Legal AdviceKey Legal References
UC eligibility: the assets and instruments that may serve as unités de compte in a French life insurance contract, including OPCVM, SCPI, OPCI, direct securities, FPCI, and corporate bonds.
ESG UC mandate: all new UC-containing contracts concluded from 1 January 2022 must include at least one ISR-labelled fund, one solidarity fund, and one green-transition fund.
General framework for assurance-vie contracts in France: the stipulation pour autrui structure, the three contract families, and the rules governing payment to beneficiaries.
Euro-croissance contracts: legal framework for contracts combining a capital guarantee at a defined future date (not daily) with exposure to growth assets. Capital guarantee expressed in parts de provisions de diversification.
FGAP (Fonds de garantie des assurances de personnes): protection of policyholders up to €70,000 per insolvent French-approved life insurer. All French-approved life and capitalisation companies are compulsory members. EU/EEA passporting companies are not covered.
Tontines: regulatory framework for sociétés à forme tontinière. Members commit premiums for a fixed period (10–25 years); surviving members share pooled assets at dissolution. No surrender right during the term.
Tax neutrality on contract transformation: assurance-vie and capitalisation contracts may be transformed into UC or mixed-support contracts without triggering redemption taxation, preserving the original fiscal start date (Loi Pacte 2019 and euro-croissance transformation).
Vie-génération additional abatement: 20% abatement on the gross taxable capital under the Art. 990 I flat-rate levy at death, for contracts investing at least 33% of premiums in qualifying UC (social housing, solidarity economy, venture capital, intermediate-sized companies).
