Dutreil Pact business transfer, Henry Royal
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The Dutreil pact concerns all business leaders, even those who do not intend to transfer! The Dutreil pact provides a considerable tax advantage for the free transfer of the operational company or the holding company: the free transfer taxes (gift or inheritance taxes) are calculated on 25% of the value of the company. In addition, there is a 50% reduction in taxes for a donation in full ownership before the age of 70. In return for the advantage, the signatories of the Dutreil pact agree to keep the shares of the operational company for 6 years (or 4 years). Any transaction on shares during the scheme is likely to call the advantage into question. I recommend transferring the majority of the capital to descendants as soon as possible, even (especially) if they are minors. This is the best chance that they will want to take over one day. The transfer concerns the capital, but also the culture of the company. Even if the business manager is a minority shareholder, the statutes of an SAS can grant him full powers and the majority of the dividend, thanks to the preferred shares. When explaining the possibilities offered by the SAS, I have not met a business manager who is opposed to the transfer. The transfer of capital is wrongly associated with the loss of powers; under these conditions, to transfer is to die. The SAS makes the business manager immortal. In the case where no child is intended to take over and the company is intended to be sold, there are solutions so that the business manager retains powers over the sums resulting from the sale. The business manager can also transfer for the benefit of employees. The Dutreil system is symbolically stronger and fiscally more interesting than a free allocation of shares. Warning. The video is not up to date.
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