In accordance with article 1078-3 of the Civil Code, the agreements provided for by articles 1078-1 and 1078-2 of the same code are not subject to gratuitous transfer duties.
The first paragraph applies to property reincorporated into a shared gift made to descendants of different degrees in accordance with an agreement entered into pursuant to article 1078-7 of the same code, including when this property is reallocated to a descendant of the first donee at the time of the shared donation. This transaction is subject to partition duty.
By way of exception to the second paragraph, where the reincorporated property was transferred by the ascendant donor to his child by a gift made less than fifteen years before the shared gift and is reallocated to a descendant of the original donee, free transfer tax is payable according to the relationship between the ascendant donor and his allotted grandchild. In this case, the duties paid on the first donation in respect of the reincorporated property are deducted from the duties payable in respect of the same property on the shared donation.