Where the settlor does not carry on an activity covered by Articles 34 or 35, an agricultural activity within the meaning of article 63, a professional activity within the meaning of 1 of article 92 or a civil activity subject to corporation tax, and by way of exception to the provisions of II of article 238 quater P, the transfer of assets or rights from the trust estate to the settlor’s estate is not a chargeable event for income tax, when the trust operation is terminated without liquidation of the trust assets and the settlor undertakes, in the deed recording the transfer, to determine, in the event of a subsequent disposal of the assets or rights concerned, the capital gains or losses and, more generally, the gains or losses by reference :
1° If the holder of the rights representing the assets or rights in the trust estate is the initial settlor, to the price or value of acquisition by the latter of the assets or rights, where these assets or rights have been the subject of a transfer into the trust estate under the conditions provided for in article 238 quater N, and at the acquisition price of the asset or assets or rights by the trust for other assets or rights ;
2° If the holder of the rights representing the property or rights in the trust estate is not the initial settlor, at the value of the property or rights on the date of acquisition of his rights under the trust or, for property or rights that entered the trust estate after the acquisition of his rights, at the price of acquisition of such property or rights by the trust.