The withholding taxes or levies provided for in articles 119 bis, 182 A bis, 182 B, 244 bis, 244 bis A and 244 bis B are not applicable to income and profits received or realised by a legal entity which provides evidence to the debtor or the person who ensures the payment of this income that it fulfils, in respect of the financial year during which it receives or realises it, the following conditions:
1° Its registered office and, where applicable, the permanent establishment in the result of which the income and profits are included are located in a Member State of the European Union or in another State party to the Agreement on the European Economic Area which has concluded with France an administrative assistance agreement to combat tax fraud and tax evasion and a mutual assistance agreement on recovery with a similar scope to that provided for in Council Directive 2010/24/EU of 16 March 2010 on mutual assistance for the recovery of claims relating to taxes, taxes, duties and other measures and which is not non-cooperative within the meaning of Article 238-0 A or, for the withholding taxes provided for in Article 119 bis, in a State which is not a member of the European Union or which is not a State party to the Agreement on the European Economic Area which has concluded with France the agreements referred to in this 1°, provided that this State is not uncooperative within the meaning of Article 238-0 A and that the shareholding held in the distributing company or organisation does not enable the beneficiary to participate effectively in the management or control of this company or organisation ;
2° Its tax result or, where applicable, that of the permanent establishment in whose result the income and profits are included, calculated according to the rules of the State or territory in which its registered office or permanent establishment is located, is in deficit;
3° It is, on the date of receipt of the income or realisation of the profit, subject to a procedure comparable to that mentioned in Article L. 640-1 of the French Commercial Code. Failing the existence of such proceedings, it is, on that date, in a state of suspension of payments and its recovery is manifestly impossible.