When a transfer is recorded with a liberal intention of assets or rights that are the subject of a trust contract or of the fruits derived from the exploitation of these assets or rights, the transfer duties for no consideration apply to the value of the assets, rights or fruits thus transferred, assessed on the date of this transfer. They are calculated in accordance with the rate applicable between non-relatives mentioned in table III of article 777.
For the application of the provisions mentioned in the first paragraph, the liberal intention is notably characterised when the transfer is devoid of any real consideration or when an advantage in kind or resulting from a reduction in the transfer price is granted to a third party by the trustee in the context of the management of the trust assets. In the latter case, free transfer tax applies to the value of this benefit.