The partial exemption provided for in 4° of 1 and 3° of 2 of article 793 is subject to the condition that the property remains the property of the donee, heir and legatee for five years from the date of the gratuitous transfer. Where this condition is not met, the duties are recalled, increased by the late payment interest referred to in Article 1727.
When the total value of the assets likely to benefit from the partial exemption referred to in the first paragraph, transmitted by the donor or the deceased to each donee, heir or legatee, exceeds €300,000 the partial exemption from transfer duty free of charge is reduced to 50% above this limit.
The limit mentioned in the second paragraph of this article is raised to €500,000 provided that the donee, heir or legatee keeps the property for an additional period of five years compared to the retention period mentioned in the first paragraph. Where this condition is not met, the duties are recalled, increased by the late payment interest mentioned in article 1727.
For the assessment of the limits mentioned in the second and third paragraphs of this article, account is taken of all donations granted by the same person in any capacity, on any date and in any form with the exception of donations made more than fifteen years ago.
The partial exemption referred to in the first paragraph does not apply where the lease was granted less than two years ago to the donee of the transfer, to his or her spouse, to one of their descendants or to a company controlled by one or more of these persons.