Dutreil: Eligibility for the exemption is determined as of the date of death

In connection with an estate, a taxpayer believed she was eligible for the 75% Dutreil exemption under Article 787 B of the General Tax Code.

Following a tax audit,administration issued a reassessment proposal that the company was not the parent company of its group and that the exemption did not apply.

Yesterday, the Court of Cassation ruled that, in cases where the exemption for a transfer by death applies, the conditions for qualifying for this exemption must be assessed as of the date of death and not as of the date the inheritance tax return is filed.

Noting further that the taxpayer had not demonstrated that the subsidiaries’ activities were sufficient to consider the holding company to be the driving force, the Court upheld the tax assessment.

Commercial Court of Cassation, Dec. 17, 2025, No. 24-17.415, Published