Transferring TotalEnergies shares is a good way to show your commitment to the
Company and to plan for the future in order to benef it from certain tax advantages.
Several options are available to you (the “donor”) to transfer the ownership of your TotalEnergies shares
free of charge to your child, spouse, partner or any other person of your choice (the “beneficiary”).
You can choose:
AN INFORMAL GIFT
• Occasion: family events (marriage, birthday, birth, etc.)
• Characteristics:
- Tax-free
- Must be limited to small amounts in proportion
to your estate and income
- No obligation to declare it
- Cannot be returned to the estate to be included
in the inheritance
A HAND-TO-HAND GIFT
• Occasion: at any time
• Characteristics:
- Drafting a deed before a notary is optional
- Can be recorded in a written document confirming
that the shares have been transferred and possibly
include conditions (pacte adjoint)
- The value of the gift can be determined by
informing the tax authorities of the gift (using
French tax form no. 2735)
- Is tax free as long as it has not been disclosed or
that it has not been reported on the occasion of
a new transfer free of charge.
- Once it has been reported, it must be declared or
recorded within the following month (a gift may be
reported to the tax authorities if it was declared
in a notarial deed following a tax inspection or a
declaration of inheritance after the donors death
A handtohand gift can be declared within the
month following the donors death if its amount
is higher than 15000
Can be returned to the estate to be included in
the inheritance
OR
A GIFT TO A SPOUSE
• Occasion: at any time
• Characteristics:
- Must be signed in the presence of a notary; its
distinctive feature is that it can be overturned
(except if the gift was part of a marriage contract),
even without the other spouse’s consent
- It takes effect on the day of the donor’s death
A SIMPLE GIFT
Occasion at any time
Characteristics
Must be signed in the presence of a notary
Cannot be overturned save in exceptional cases
May be subject to specific clauses
OR
OR
Gifts may be subject to taxes after application of
a possible tax allowance Tax amounts depend on the
family relationship with the beneficiaries
When payable they are usually paid by the beneficiary
but the donor can bear their cost without increasing
the value of the gift
NB in some cases a reduction may apply in particular
for donations to people with disabilities even where the
donor and beneficiary are unrelated
A DONATION INTER-VIVOS
• Occasion: assets settlement before death
• Characteristics:
- It is an excellent way of rewarding your children
in the long term
- Is recorded in an authentic deed signed before
a notary, and the donor can continue to receive
the dividends on the assets transferred
- Cannot be returned to the estate to be included
in the inheritance
- May reduce inheritance taxes
1 Shareholders who are tax residents in France must be aware that
the information provided is a summary of the rules applicable to them
according to the current tax law and that their specific situation will
need to be examined with their tax advisor
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