I. – Free transfer duties, real estate wealth tax and partition duty may be paid by handing over works of art, books, collectors’ items, documents, of high artistic or historical value, or real estate located in the areas of intervention of the Conservatoire de l’espace littoral et des rivages lacustres defined in Article L. 322-1 of the Environment Code, whose location and ecological or landscape interest justify conservation in their natural state, or real estate in the nature of woods, forests or natural areas that may be incorporated into the State forest estate.
The first paragraph is applicable when the amount of duties that the interested party proposes to pay by dation is at least equal to €10,000, in respect of each tax under consideration.
The offer of dation may not be withdrawn within a period of six months following the date of its submission. This period may be extended by three months by reasoned decision of the administrative authority, notified to the interested party.
This exceptional procedure for settling duties is subject to approval given under conditions laid down by decree in the Conseil d’Etat.
The approval decision sets the discharge value that it recognises for the goods offered in payment. The dation in payment is only perfected by the acceptance by the interested party of the said value.
If the interested party does not give his acceptance to the approval of the goods offered in payment for the value proposed in the offer of dation or if he withdraws his offer of dation before notification of the approval decision, the duties due are subject to the late payment interest provided for in article 1727, calculated from the first day of the month following the month in which the duties were due until the last day of the month of payment.
When the State accepts the goods offered in payment for a discharge value different from that proposed by the interested party in his offer, the latter has thirty days to confirm his offer at this new value or to renounce it. If he renounces, default interest is calculated from the first day of the month following the expiry of the aforementioned thirty-day period, until the last day of the month of payment.
The offer of dation is not admissible:
1° If the goods offered in payment have previously given rise to two refusals of approval;
2° If they have been held for less than five years by the interested party. This condition does not apply if they have come into his possession by gratuitous transfer.
II. – (Repealed with effect from 1st January 1996).