Donation-partage: complete guide#
For many business-owning families, the key transmission tool is not only the will or the inheritance process. It is the donation-partage, which allows assets to be transferred and allocated during the donor's lifetime.
This is especially useful when a family business is involved and one child is the future operator while the others are not.
1. What it is#
A donation-partage is a notarised lifetime transfer combined with a structured allocation of assets between heirs.
Compared with a simple gift, it is designed to organise the sharing itself, not only the transfer.
2. Why it matters for business families#
It can help:
- transfer shares to the child who will run the business;
- allocate real estate or financial assets to other heirs;
- organise balancing payments;
- reduce future conflicts about valuation and fairness.
3. Key advantages#
- Anticipation rather than emergency action.
- Better management of family fairness.
- Stronger governance continuity.
- Ability to structure the right timing for business transfers.
4. Key limits#
- It requires serious valuation work.
- It needs coherent coordination with the notary and other advisers.
- It should not be approached as a tax-only issue.
5. Practical case#
Take Marc, owner of a trading company worth EUR 1.8 million. One child works in the business and wants to take over; the other does not. A donation-partage may allow Marc to allocate the company to the operating child while balancing the family through real estate, financial assets and possibly a balancing payment.
Would you like to model this strategy for your business? Book a personalised review with our team.
Expert note
The most common mistake is not a lack of ideas. It is a lack of timing. Families often know roughly what they want, but wait too long to formalise it.
6. Why Hayot Expertise matters#
We do not replace the notary. We bring the economic, accounting, valuation and business perspective:
- share valuation;
- financial analysis;
- scenario simulations;
- coordination with tax and governance issues.
Conclusion#
Donation-partage is a major tool for organising family and business transfers in a controlled way. It works best when approached as a combined civil, tax, patrimonial and strategic project.
Hayot Expertise in Paris 8 helps business owners prepare these decisions with clear numbers, coherent scenarios and coordinated advisers.
Questions frequentes
What is the difference between a simple donation and a donation-partage?+
A simple donation is a unilateral transfer of assets to one or more recipients. A donation-partage is a single act that divides the estate among several presumptive heirs during the donor's lifetime. Its major advantage: the donated assets are definitively removed from the estate, eliminating future disputes between heirs.
Is a donation-partage irrevocable?+
Yes, like any inter vivos donation. Once the notarial deed is signed, a donation-partage can only be revoked in very limited cases (ingratitude, non-performance of conditions, birth of a child). This is why thorough reflection with a notary and accountant is essential.
Can business assets be included in a donation-partage?+
Yes, company shares can be transferred via a donation-partage, possibly combined with a Pacte Dutreil to benefit from the 75% exemption on transfer duties. This is a frequently used technique in family business transfers.
How are gift duties calculated for a donation-partage?+
Duties are calculated on the value of assets transferred after applying legal allowances (€100,000 per child in direct line, renewable every 15 years). The value retained is that on the day of donation, not the future date of death, neutralizing future asset appreciation.
Can a donation-partage be made in favor of grandchildren?+
Yes, this is a transgenerational donation-partage. It allows grandparents to skip a generation with the child's consent (who waives their right to receive). Gift duties are calculated in the direct line (grandparent → grandchild) but with a lower specific allowance.
Article written by Samuel HAYOT
Chartered Accountant, registered with the Institute of Chartered Accountants.
Regulated French accounting and audit firm based in Paris 8, built to support companies across France with a digital and decision-oriented approach.
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