With regard to the delivery of a building plot, or a transaction mentioned in 2° of 5 of article 261 for which the option provided for in 5° bis of article 260, if the acquisition by the transferor did not give rise to a right to deduct value added tax, the taxable amount is made up of the difference between:
1° On the one hand, the price expressed and the charges added to it;
2° On the other hand, as the case may be:
a) either the sums that the transferor has paid, on whatever basis, for the acquisition of the land or building;
b) or the nominal value of the shares or units received in consideration for the contributions in kind that he has made.
Where the transaction is carried out by a trustee, the sums referred to in a and b of 2° are assessed, where applicable, with the settlor.