Dutreil pact
Implementation of a Dutreil pact to benefit from the 75% allowance on the value of the shares in the event of transfer by gift or succession, subject to strict holding-commitment conditions.
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The executive's tax optimisation relies on a combination of lawful tools: the Dutreil pact for transfers, the contribution-then-sale to defer taxation, the holding company for the upstreaming of dividends, matrimonial structuring. We work alongside your tax adviser to design robust, compliant strategies tailored to your project.
→ What we cover
Implementation of a Dutreil pact to benefit from the 75% allowance on the value of the shares in the event of transfer by gift or succession, subject to strict holding-commitment conditions.
Contribution of the shares to a holding company before sale in order to defer the taxation of the capital gain, subject to reinvestment in an economic activity within the legal time limits.
Optimisation of the upstreaming of dividends via a holding company: 95% exemption on dividends received from subsidiaries held at a minimum of 5%.
Arbitration between salary / dividends / benefits, optimisation of personal taxation (flat tax, scale, income-tax capping) and social charges (contributions, pension).
Dismemberment of ownership to optimise the transfer, gift-partition (donation-partage), gifts in full ownership or in bare ownership, articulation with the Dutreil pact.
Strategy in the event of a change of tax residence (inbound, outbound), exit tax, tax treaties, optimisation in light of the sale of the business.
→ Our approach
01
Analysis of your overall tax situation (income, assets, projects), identification of optimisation levers and prioritisation.
02
Definition of an overall strategy combining the appropriate tools (Dutreil, contribution-then-sale, holding company, dismemberment), in connection with your tax adviser.
03
Operational implementation: drafting of Dutreil commitments, creation of the holding company, contribution operations, formalisation of the asset deeds.
04
Monitoring of commitments (holding period, management functions), responding to any tax audits, adjustments in line with regulatory developments.
→ Who we help
Implementation of a collective Dutreil commitment between the family partners, followed by an individual commitment by the donees, to transfer the business with a 75% allowance.
Contribution of the shares to an asset-holding company before the sale to a third party, in order to defer taxation and allow reinvestment in economic projects (start-ups, productive real estate).
Creation of a holding company to receive dividends from operating companies while benefiting from the parent-subsidiary regime, and to redistribute or reinvest according to the asset strategy.
Tax and asset reorganisation after a sale: reinvestment in compliance with the article 150-0 B ter commitments, structuring of new investments via the holding company.
→ Q&A
A collective commitment to hold the shares for at least 2 years, followed by an individual commitment to hold them for 4 years after the transfer, and the exercise of management functions by one of the signatories. Under these conditions, a 75% allowance on the value of the shares for the calculation of transfer duties.
A mechanism allowing shares to be contributed to a holding company controlled by the contributor before a sale, in order to defer the taxation of the capital gain. If the holding company sells the shares within 3 years, it must reinvest at least 60% of the price in an economic activity within 2 years, failing which the deferral lapses.
Yes, these tools often work together: an asset-holding company to hold the participations, a contribution-then-sale to defer taxation on a sale, a Dutreil pact for the family transfer. An overall strategy must ensure that the cumulative conditions of each scheme are met.
Tax optimisation uses lawful schemes for their intended purpose. Abuse of law consists of diverting these schemes from their objective through artificial arrangements with no economic substance. The tax authorities may reclassify abusive operations, with significant penalties. Rigorous advice is essential.
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