I. – Debts which have been contracted by the donor for the acquisition or in the interest of the property which is the subject of the donation, which are charged to the donee in the deed of donation, and of which the assumption by the donee is notified to the creditor, are deducted for the calculation of the transfer duties for no consideration, when the donation relates to:
a. All or an undivided share of the movable and immovable tangible and intangible property allocated to the operation of a sole proprietorship with an industrial, commercial, craft, agricultural or liberal profession activity, provided that the debt was not contracted by the donor with either the donee or the donee’s spouse, or the donee’s spouse or ascendants, or the donee’s brothers, sisters or descendants, or the donee’s ascendants or their brothers and sisters;
b. Assets other than those mentioned in a, provided that the debt is contracted with a person mentioned in Title I of Book V of the Monetary and Financial Code.
II. – The benefit of the deduction mentioned in I is subject to the condition that the donee demonstrates that he has borne the actual payment of the debts for which he is responsible, without this demonstration being required by the administration beyond the third year following that in which they fall due as mentioned in the deed of gift.