Pacte Dutreil : ce qui change avec la loi de finances 2026
The Dutreil pact, provided for in Articles 787 B and 787 C of the FTC, is a tax scheme that reduces the tax cost of transferring a business within the family.
It provides an exemption from gift and inheritance tax of up to 75% of the value of the shares or of the sole proprietorship, subject to certain conditions being met.
The 2026 Finance Act tightens the conditions for applying this tax scheme.
Exclusion of "non-operating" assets
The 2026 Finance Act now excludes from the base benefiting from the 75% exemption assets that are not used exclusively for the business activity, i.e. “luxury” assets such as assets used for hunting or fishing, yachts, pleasure boats, passenger vehicles, aircraft, horses, wines and spirits, as well as jewellery, precious metals, works of art, housing and residences.
This exclusion also applies to the fraction of the market value of the shares that represents these same items where they are held by a company controlled by the contributor within the meaning of Article 150-0 B ter, III, 2° of the FTC, the condition of use for the business being assessed at the level of the controlled company holding the assets.
One exception - the rule of at least 3 years' holding: these so-called “luxury” assets nevertheless remain eligible for the Dutreil pact exemption if they have been used exclusively for an industrial, commercial, craft, agricultural or professional activity for at least three years before the transfer.
A longer holding commitment
The 2026 Finance Act extends the individual commitment to hold the shares, which goes from 4 to 6 years.
Apart from cases where the collective commitment is deemed to have been met, the total holding period is now 8 years for transfers of shares (i.e. 2 years of prior collective commitment + 6 years of individual commitment).
The 2026 Finance Act provides for an alignment of the exemption under Article 787 C of the FTC for transfers on death or gifts of movable and immovable property, tangible or intangible, used in the operation of a sole proprietorship, which would also be subject to an individual holding commitment extended to 6 years.
The transfer of your business cannot be improvised; it has to be prepared. The Dutreil pact allows you to secure the future of your business while preserving the financial balance of your estate.
💡 Good to know: this scheme can be combined with the splitting of ownership (usufruct and bare ownership) and with the allowance based on family relationship (renewable every 15 years).