III: Trusts

For the purposes of the provisions of this Code, the settlor means the person holding the rights representing the property or rights transferred into the trust estate.

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…

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.

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…

The provisions of Article 238 quater B shall apply to the transfer to a fiduciary estate of rights or shares considered, pursuant to I of l’article 151 nonies, as assets allocated to the exercise of the profession.

Where the settlor’s rights representing the property or rights transferred into the trust assets are entered on his balance sheet, the share of profit corresponding to these rights is determined according to the rules applicable to the profit made by the settlor. The settlor remains personally subject to income tax or corporation tax for the share of profit corresponding to his rights representative of the property or rights transferred into…

Any variation or depreciation in the amount of the settlor’s rights representing the property or rights transferred to the trust estate has no impact on the settlor’s taxable income.

Where the determination of the income tax regime or the application of exemption regimes depends on the amount of turnover, the turnover generated by the management of the trust assets is added to that generated by the settlor. Where there is more than one settlor, the turnover is apportioned in proportion to the actual value of the property or rights placed in trust by each of the settlors on the…

I. – In the event of the assignment or cancellation of all or part of the settlor’s rights representing the property or rights transferred to the trust assets, the results of the trust assets shall be determined, on the date of assignment or cancellation, in accordance with the conditions set out in articles 201 et following and taxed in the name of the transferor. The difference between the transfer price…

I. – The provisions of Article 238 quater I do not apply in the event of a transfer of the settlor’s rights representing the property or rights transferred into the fiduciary estate carried out as part of a transaction benefiting from the provisions set out in articles 41,151 octies, 151 octies Aor 210 A. II. – The provisions of article 238 quater I do not apply where, in the absence…