French Business Law - French Legislation

Article 746 of the French General Tax Code

November 7, 2023

Shares of movable and immovable property between co-owners, co-heirs and co-partners, in any capacity whatsoever, provided they are justified, are subject to registration duty or land registration tax of 2.50%. This rate is reduced to 1.80% from 1 January 2021 and to 1.10% from 1 January 2022 for the division of property interests following a legal separation, divorce or the termination of a civil solidarity pact.

Article 747 of the French General Tax Code

November 7, 2023

The registration duty or land registration tax provided for in article 746 are liquidated on the amount of the shared net assets. Where the division includes a balancing payment or a capital gain, the tax on what is the subject thereof is levied at the rates provided for sales, in proportion, where applicable, to the respective value of the different assets included in the lot subject to the balancing payment…

Article 748 of the French General Tax Code

November 7, 2023

Shares of movable or immovable property that are part of a succession or a marital community and that are made solely between the original members of the joint ownership, their spouse, ascendants, descendants or universal beneficiaries of one or more of them, are not considered to transfer ownership to the extent of the balances or capital gains. The same applies to divisions of undivided property resulting from a shared gift…

Article 748 bis of the French General Tax Code

November 7, 2023

The registration duty or land registration tax provided for in Article 746 is applicable to the division of a groupement foncier agricole for property which was in joint ownership at the time of their contribution and which is attributed to the contributors, their surviving spouses or their beneficiaries free of charge, provided that the contributors were related or allied up to and including the fourth degree (1).

Article 749 of the French General Tax Code

November 7, 2023

Exempt from the registration duty or land registration tax provided for in Article 746 are redemptions of units in common investment funds and units in real estate investment funds and the distribution of the assets of these funds among the holders. When the holder of units in a real estate investment trust is in one of the cases mentioned in a and b of Article 730 quinquies, registration duty at…

Article 749 A of the French General Tax Code

November 7, 2023

Sont exonérés du droit d’enregistrement ou de la taxe de publicité foncière prévus à Article 746 shares of built-up property, groups of built-up properties or property complexes subject to the loi n° 65-557 modifiée du 10 juillet 1965 fixant le statut de la copropriété des immeubles bâtis, et la redistribution des parties communes qui leur est consécutive.

Article 749 B of the French General Tax Code

November 7, 2023

Sont exonérées du droit d’enregistrement ou de la taxe de publicité foncière prévus à article 746 the transactions mentioned in the first paragraph of article 151 octies C.

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A: Sharing

Article 746 of the French General Tax Code

Article 747 of the French General Tax Code

Article 748 of the French General Tax Code

Article 748 bis of the French General Tax Code

Article 749 of the French General Tax Code

Article 749 A of the French General Tax Code

Article 749 B of the French General Tax Code

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A: Sharing

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