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Dutreil pact

Dutreil pact: pass on your business and pay tax on only a quarter of its value.

The signatories commit to retaining the shares, one of them continues to manage the company, and gift or inheritance taxes are now limited to 25% of the value. The 2026 Finance Act extended the heirs' commitment period: here are the rules that now apply.

Un grand-père et ses petits-enfants dans une vigne, brouette verte au premier plan
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of the value of the securities or the company exempt from gift and inheritance taxes (article 787 B of the CGI).

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additional reduction on the taxes of a gift in full ownership made before age 70 (article 790 of the CGI).

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to pay the remaining duties: 5 years deferral, then 10 years of payment in installments (article 397 A of appendix III of the CGI).

Worked example

A company worth €4 million, two children, a 65-year-old parent.

Without a pact

A company worth €4 million passed on to two children: €2 million per child, i.e. €1.9 million taxable after the €100,000 allowance.

617 394€ of rights per child€1,234,789 in total for the two children.
Article 777 of the CGI.

With a pact

Only 25 % of the value are retained: €500,000 per child, of which €400,000 is taxable.

78 194€ of rights per childThen less 50 % for a gift in full ownership before age 70.
Articles 787 B and 790 of the CGI.

Result

The agreement is signed before the gift. The remaining taxes are payable over 15 years if necessary.

78 194€ instead of €1,234,789
€78,194 with an agreement, for both children€1,234,789 without pact
5 years deferral, then 10 years of payment in installments (article 397 A of appendix III of the CGI).

The pact's constraints

Four conditions.

A collective commitmentThe manager and his associates together retain at least 17 % of the financial rights and 34 % of the voting rights of a non-listed company, for at least 2 years.
A transferBy gift or upon death. After a death, the heirs can still sign the collective agreement within 6 months.
An individual commitmentEach heir or donee keeps their securities for 6 years for transfers from February 21, 2026, instead of 4 years previously.
A management roleOne of the signatories effectively manages the company during the collective commitment and for 3 years after the transfer.

What changed in 2026

The Finance Act of 19 February 2026.

6 years for the heirsThe individual commitment period increases from 4 to 6 years: a minimum of 8 years of conservation with the collective commitment.
Non-business assets excludedCompany assets that are not used for its business, such as a residence, a collector's vehicle or a work of art, are excluded from the exemption.

Frequently asked questions

What we are being asked to do.

Gift or inheritance: when should you use the pact?

During your lifetime, if possible: a gift in full ownership before age 70 adds 50 % of reduction to the 75 % of exemption (article 790 of the CGI), and you choose the time, the value and the sharing between the children.

Can the pact be signed after a death?

Yes: the heirs can enter into a joint commitment among themselves within 6 months of the death (Article 787 B of the French General Tax Code), provided that one of them takes over the management. This is a backup solution, without the 50% tax reduction reserved for gifts.

What happens if an heir sells before the end of their commitment?

The exemption is revoked for him alone, with late payment interest of 0.20 per % per month (Article 1727 of the French General Tax Code). The other heirs retain their benefit. The page on the constraints of the agreement details each case.

Does the agreement apply to a holding company?

A holding company that actively manages its subsidiaries is eligible, according to the conditions of Article 787 B of the French General Tax Code (CGI). A holding company that merely holds shares or investments is not eligible: this is one of the first points checked.

How much would passing on your business cost, with and without a pact? We put a figure on it.