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The setting aside of profits in case of dismemberment of ownership of securities is she an indirect gift?

The setting aside of systematic profits of a company whose securities are dismembered she is an indirect gift ?

This is what you want to argue the tax by submitting an adjustment to the bare ground to own the securities of a civil society family.

The Court of Appeal of Lyon was held in a decision dated October 16, 2007 that the reservation profits systematically characterized in effect a renunciation of the usufructuary to understand the benefits. However, this does by no means a characteristic " irrevocable divestiture.

Gold for there donation, Article 894 of the Civil Code provides that an "irrevocable divestiture" the property of the donor must be found which must be added for a liberal and an acceptance by the beneficiary.

In the case of the reservation benefits, the ordinary general meeting provides the donor may decide at any time of dividend distributions paid from reserves.

The Court of Cassation upheld in a decision dated February 10, 2009 the solution of the appellate court, that the relief was unwarranted because the life tenant, not losing its rights to the retained income so irrevocable, makes no indirect gift.

Stéphane BERRUCAZ

Pauline BARTHELET DURAND