In the event of a direct-line gift of property previously transferred to a first direct-line donee and returned to the donor pursuant to articles 738-2, 951 and 952 of the Civil Code, the duties paid on the first donation are deducted from the duties due on the second donation. The new donation must be made within five years of the return of the property to the donor’s estate.
Notwithstanding the provisions of the first paragraph, if the property is returned to the donor in application of articles 738-2, 951 and 952 of the Civil Code, this return entitles the donor, within the legal claim period from the death of the donee, to a refund of the free transfer tax paid on the cancelled donation.