I. – The provisions of Article 238 quater I do not apply in the event of a transfer of the settlor’s rights representing the property or rights transferred into the fiduciary estate carried out as part of a transaction benefiting from the provisions set out in articles 41,151 octies, 151 octies Aor 210 A.
II. – The provisions of article 238 quater I do not apply where, in the absence of the creation of a new legal entity, the settlor:
1° Company or body placed under the partnership regime defined in articles 8 to 8 ter ceases in whole or in part to be subject to income tax, or if it changes its corporate purpose or actual activity;
2° Legal entity mentioned in articles 238 ter, 239 quater A, 239 quater B, 239 quater C, 239 quater D, 239 septies and the I of articles 239 quater and 239 quinquies becomes liable for corporation tax;
3° Ceases in whole or in part to be liable for corporation tax.
The provisions of this II apply on the twofold condition that no changes are made to the accounting entries relating to the rights in the trust and that the taxation of the profits and capital gains defined in article 238 quater B remains possible under the new tax regime applicable to the settlor.