French Business Law - French Legislation

Article 238 quater I of the French General Tax Code

November 8, 2023

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…

Article 238 quater J of the French General Tax Code

November 8, 2023

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…

Article 238 quater K of the French General Tax Code

November 8, 2023

I. – As an exception to the provisions of Article 238 quater I,when the trust contract is terminated, the profits or losses as well as the capital gains or losses resulting from the transfer of the assets or rights from the trust assets to the settlor are not included in the taxable income for the year of transfer if the following conditions are met: 1° The trust contract is terminated…

Article 238 quater L of the French General Tax Code

November 8, 2023

The trust shall be the subject of a declaration of existence by the trustee under conditions and within time limits set by decree.

Article 238 quater M of the French General Tax Code

November 8, 2023

The trustee is bound by the reporting obligations normally incumbent on companies subject to the partnership tax regime defined in Article 8.

Article 238 quater N of the French General Tax Code

November 8, 2023

When the settlor of a trust defined in Article 2011 of the Civil Code does not carry on an activity falling within the articles 34 or 35, an agricultural activity within the meaning of article 63, a professional activity within the meaning of 1 of l’article 92 or a civil activity subject to corporation tax, the transfer of assets or rights into a fiduciary estate is not a chargeable event…

Article 238 quater O of the French General Tax Code

November 8, 2023

Where the settlor’s rights representing the property or rights transferred into the trust assets are not recorded in the balance sheet of a company, the trust income is taxed in the name of each settlor for the share of income corresponding to his rights representing the property or rights transferred into the trust assets, in proportion to the market value of the property or rights placed in trust, assessed on…

Article 238 quater P of the French General Tax Code

November 8, 2023

I. – In the event of a transfer for valuable consideration of all or part of the settlor’s rights representing the assets or rights transferred into the trust assets which are not entered on the balance sheet of a company, the results of the trust assets are determined, on the date of the transfer, in accordance with the conditions set out in articles 201 et seq and taxed in the…

Article 238 quater Q of the French General Tax Code

November 8, 2023

Where the settlor does not carry on an activity covered by Articles 34 or 35, an agricultural activity within the meaning of article 63, a professional activity within the meaning of 1 of article 92 or a civil activity subject to corporation tax, and by way of exception to the provisions of II of article 238 quater P, the transfer of assets or rights from the trust estate to the…

Article 238 septies A of the French General Tax Code

November 8, 2023

I. – Where a person acquires the right to payment of the principal or the right to payment of interest on a bond arising from a stripping carried out before 1 June 1991, the redemption premium means the difference between: a) The principal or interest that he receives; b) The subscription price or the original acquisition price of the corresponding right. II. – Constitutes a redemption premium: 1. For the…

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French General Tax Code

Article 238 quater I of the French General Tax Code

Article 238 quater J of the French General Tax Code

Article 238 quater K of the French General Tax Code

Article 238 quater L of the French General Tax Code

Article 238 quater M of the French General Tax Code

Article 238 quater N of the French General Tax Code

Article 238 quater O of the French General Tax Code

Article 238 quater P of the French General Tax Code

Article 238 quater Q of the French General Tax Code

Article 238 septies A of the French General Tax Code

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French General Tax Code

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