Decision of the Court of Cassation dated January 24, 2024

Jan. 26

The Court of Cassation clarifies that, in the case of a collective commitment deemed to have been fulfilled, the 75% exemption under Article 787 B of the General Tax Code applies only when one of the heirs, donees, or legatees has actually held a management position in the company.

The argument that the donor’s performance of one of his duties was sufficient to satisfy the condition is therefore unfounded.