1. Is deemed to constitute distributed income subject to the withholding tax provided for in Article 2 of 119 bis any payment, up to the amount corresponding to the distribution of proceeds from units or shares referred to in b, made, in any form and by any means whatsoever, by a person who is established or has his tax domicile in France to the benefit, directly or indirectly, of a person who is not established or does not have his tax domicile in France, where the following conditions are met:
a) The payment is made as part of a temporary transfer or any transaction giving the right or creating an obligation to return or resell these shares or rights relating to these securities;
b) The transaction referred to in a is carried out during a period of less than forty-five days including the date on which the right to a distribution of income from shares, corporate units or assimilated income referred to in Articles 108 to 117 bis is acquired.
2. The withholding tax is due when the payment referred to in 1 is made and is paid by the person making the payment.
3. Where the recipient of the payment referred to in 1 provides proof that this payment corresponds to a transaction whose main purpose and effect is other than to avoid the application of a withholding tax or to obtain the granting of a tax advantage, 1 is not applicable. The beneficiary may then obtain reimbursement of the definitively undue withholding tax from the tax department of his residence or registered office.
4. The person who ensures payment of the instalment referred to in 1 transmits to the tax authorities, at their request and in dematerialised format, the amount, the date, the issuer of the units or shares that are the subject of the transaction referred to in b of the same 1 and the recipient of the instalment.