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Article 238 bis K of the French General Tax Code

I. – Where rights in a company or group referred to in Articles 8,8 quinquies, 239 quater, 239 quater B, 239 quater C or 239 quater D are included in the assets of a legal entity liable to corporation tax under the conditions of ordinary law or an industrial, commercial, craft or agricultural business subject to income tax by operation of law under a system of actual profit, the share…

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Article 238 ter of the French General Tax Code

Forestry groupings formed under the conditions set out in articles L. 331-1 to L. 331-15 of the Forestry Code are not subject to corporation tax; but each of their members is personally liable, for the share of company profits corresponding to his rights in the grouping, either to income tax, determined according to the rules laid down for the category of income to which these profits relate, or, in the…

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Article 238 quater B of the French General Tax Code

I. – Profits or losses and capital gains or losses resulting from the transfer, carried out pursuant to a trust transaction defined in article 2011 of the Civil Code, into a trust estate of assets and rights entered on the assets side of the balance sheet of the settlor of the trust are not included in the taxable income for the financial year of transfer if the following conditions are…

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Article 238 quater C of the French General Tax Code

The transfer of all the settlor’s assets and liabilities to a fiduciary estate does not result in the cessation of the settlor’s activity within the meaning of the articles 201 and 202 when this transfer benefits from the provisions of l’article 238 quater B.

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Article 238 quater D of the French General Tax Code

Where the transfer into a fiduciary estate of property or rights benefits from the provisions of article 238 quater B, the tax deferrals relating to the transferred property or rights provided for in article 41, to Article 93c, to the articles 151 octies, 151 octies A, 151 octies B and 151 nonies are maintained until the date of transfer of the property or rights transferred or until the date of…

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