In the event of the transfer or redemption of the rights of a shareholder, a natural person, in a company mentioned in article 8, who carries out an agricultural activity within the meaning of article 63 and which is subject to the mandatory system of taxation based on actual profits, income tax may be immediately assessed in the name of this partner for his share of the profits made since the end of the last tax period up to the date of this event. This measure applies at the joint request of the shareholder whose shares are transferred or bought back or his successors and the beneficiary of the transfer or, in the event of a buyback, the shareholders present in the company on the date of the buyback.
The beneficiary of the transfer of the securities or, in the event of redemption, the shareholders present in the company at the close of the financial year are then taxable on the basis of the shares corresponding to their rights in the profit made by the company during the financial year, less the share of the profit taxed under the conditions provided for in the first paragraph in the name of the shareholder whose securities have been transferred or redeemed.
A decree sets out the terms and conditions for the application of this article, in particular the taxpayers’ reporting obligations.
These provisions apply to financial years beginning on or after 1 January 2001.