Where the settlor’s rights representing the property or rights transferred into the trust assets are entered on his balance sheet, the share of profit corresponding to these rights is determined according to the rules applicable to the profit made by the settlor.
The settlor remains personally subject to income tax or corporation tax for the share of profit corresponding to his rights representative of the property or rights transferred into the trust estate, in proportion to the actual value of such property or rights placed in the trust estate on the date of transfer.
A decree shall specify, as necessary, the terms of application of this article, in particular where the settlor carries on an activity the results of which are taxable for income tax purposes in the category of non-commercial profits.