I. – 1° The products attached to capitalisation bonds or contracts as well as to investments of the same nature subscribed with insurance companies established in France are, when the bond, contract or investment is unwound or redeemed and regardless of when it was subscribed, subject to income tax.
The products in question are exempt, whatever the duration of the contract, when it is unwound by the payment of a life annuity or when this unwinding results from the redundancy of the beneficiary of the products or his early retirement or his disability or that of his spouse corresponding to the classification in the second or third category provided for in the article L. 341-4 of the Social Security Code;
The products in question consist of the difference between, on the one hand, the sums reimbursed to the beneficiary and, on the other hand, the amount of the premiums paid, where applicable, since the acquisition of this bond or contract, increased, in this case, by the acquisition price of the bond or contract.
For bonds or contracts taken out before 1 January 1983 and, in the case of those taken out from the same date, where the term of the bond or contract is equal to or greater than six years for bonds or contracts taken out between 1 January 1983 and 31 December 1989 and eight years for bonds or contracts taken out from 1 January 1990, the following is applied, for all bonds or contracts held by the same taxpayer, an annual allowance of €4,600 for single, widowed or divorced taxpayers and €9,200 for married taxpayers subject to joint taxation on the sum of taxable income acquired as from 1 January 1998, or recorded as from the same date for unit-linked bonds or contracts referred to in second paragraph of Article L. 131-1 of the Insurance Code.
The allowance referred to in the fourth paragraph of this 1° applies first to products attached to premiums paid before 27 September 2017, then, for products attached to premiums paid from that same date and where the option provided for in 2 of article 200 A is not exercised, to the fraction of these products taxable at the rate referred to in 2° of B of 1 of article 200 A, then to those taxable at the rate referred to in 1° of the same B.
For the application of the allowance to products attached to premiums paid before 27 September 2017, when the option for the withholding tax at source mentioned in 1 of II of this article is exercised, the products are subject to the said withholding tax for their gross amount, without application of the allowance mentioned in the fourth paragraph of this 1°. In this case, the taxpayer benefits from a tax credit equal to the rate of the said levy multiplied by the amount of the allowance not deducted from the products for which the option for this levy has not been exercised, within the limit of the amount of the products subject to the said levy. This tax credit is deducted from the income tax due for the year in which the deduction was made. If it exceeds the tax due, the excess is refunded.
In the event of total or partial redemption of a bond or contract, made before 1 January 2023 and more than five years before the holder of the bond or contract reaches the age mentioned in first paragraph of article L. 161-17-2 of the Social Security Code, where the bond or contract meets the duration condition mentioned in the fourth paragraph of this 1° and all the sums received in respect of this buyback are paid before 31 December of the year of the said buyback into a retirement savings plan defined in the article L. 224-1 of the Monetary and Financial Code, the taxable income relating to this redemption is exempt up to an overall annual limit, for all their vouchers or contracts, of €4,600 for single, widowed or divorced taxpayers and €9,200 for married taxpayers subject to joint taxation. The application of this exemption to the products relating to the different premiums of the bond or contract follows the priority rule set out in the fifth paragraph of this 1°. The allowance mentioned in the fourth paragraph applies, where applicable, to the non-exempt products of the bond or contract, according to the same priority rule.
2° The partial or total conversion of a bond or contract mentioned in 1° of this I into a bond or contract mentioned in the same 1° allowing part or all of the premiums paid to be allocated to the acquisition of rights expressed in units of account mentioned in the second paragraph of article L. 131-1 of the Insurance Code or of rights giving rise to the constitution of a diversification provision does not entail the tax consequences of an unwinding. This conversion is carried out either by an amendment to the bond or contract, or by taking out a new bond or contract with the same insurance company.
I bis. – Income attached to bonds or contracts mentioned in I with a term equal to or greater than six years for bonds or contracts taken out between 1 January 1983 and 31 December 1989 and eight years for bonds or contracts taken out from 1 January 1990, acquired on 31 December 1997 or recorded on this same date for unit-linked bonds or contracts referred to in the second paragraph of article L. 131-1 of the Insurance Code, is exempt from income tax regardless of the date of the payments to which this income relates. The same applies to income from these bonds or contracts relating to premiums paid prior to 26 September 1997, acquired or recorded from 1 January 1998.
I ter. – Also exempt from income tax are the products of the contracts mentioned in I bis subscribed prior to 26 September 1997, when these products, acquired or established as from 1 January 1998, relate to:
1° to premiums paid into contracts with periodic premiums and not exceeding those initially provided for in the contract;
2° to programmed payments made between 26 September 1997 and 31 December 1997; programmed payments are understood to be those made pursuant to a commitment made prior to 26 September 1997 providing for the frequency and amount of the payment;
3° to other payments made from 26 September 1997 to 31 December 1997, provided that the total of these payments does not exceed F200,000 per subscriber.
I quater A. – Income from bonds or contracts taken out before 1 January 1983 attached to premiums paid prior to 10 October 2019 is also exempt from income tax.
I quater. – Products attached to unit-linked bonds or contracts referred to in the second paragraph of article L. 131-1 of the Insurance Code mentioned in I, with a term of eight years or more, subscribed before 1 January 2005 and whose unit of account is the unit or share of an undertaking for collective investment in transferable securities or a collective investment covered by paragraphs 1, 2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph 1 of sub-section 3 of Section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code, at least 50% of whose assets are made up of:
a) Shares or investment certificates in companies and cooperative investment certificates admitted to trading on a regulated market for financial instruments included in the lists referred to in Article 16 of Council Directive 93/22/EEC of 10 May 1993 on investment services in the securities field;
b) Subscription or allotment rights or warrants attached to the shares referred to in a ;
c) Shares or units in undertakings for collective investment in transferable securities or collective investment schemes covered by paragraphs 1, 2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph 1 of sub-section 3 of Section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code, which employ more than 60% of their assets in securities and rights mentioned in a and b ;
d) Units in venture capital mutual funds, specialised professional funds covered by the article L. 214-37 of the Monetary and Financial Code as it read prior to the ordonnance n° 2013-676 du 25 juillet 2013 modifiant le cadre juridique de la gestion d’actifs, de fonds professionnels de capital investissement, de fonds d’investissement de proximité, de fonds communs de placement dans l’innovation, actions de sociétés de capital risque ou de sociétés financières d’innovation ;
e) Shares issued by companies that carry on an activity other than those mentioned in the second sentence of the first paragraph of I of Article 44 sexies and whose securities are not admitted to trading on a regulated market;
f) Shares admitted to trading on a financial instruments market operated by a market undertaking or an investment services provider other than a portfolio management company or any other similar foreign body, from a State party to the Agreement on the European Economic Area, issued by companies carrying on an activity mentioned in Article 34 other than those mentioned in the second sentence of the first paragraph of I of Article 44 sexies and whose market capitalisation is less than 150 million euros. Market capitalisation is assessed on the basis of the average opening price over the sixty trading days preceding that of the investment. A decree in the Conseil d’Etat shall determine the terms of application of this valuation, particularly in the case of initial listings or corporate restructuring operations.
The securities referred to in a, b, e and f must be issued by companies that have their registered office in a State of the European Union, or in another State party to the Agreement on the European Economic Area that has entered into an administrative assistance agreement with France to combat tax evasion and avoidance, and are subject to corporation tax under ordinary law at the standard rate or would be subject to corporation tax under the same conditions if the business were carried on in France.
The securities referred to in d, e and f must represent at least 5% of the assets of the undertaking for collective investment in transferable securities or the collective investment scheme covered by paragraphs 1, 2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph 1 of sub-section 3 of Section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code.
I quinquies. – 1. Are exempt from income tax the income attached to capitalisation bonds or contracts and investments of the same nature mentioned in I, subscribed from 1 January 2005 to 31 December 2013, with a term equal to or greater than eight years and in which the premiums paid are represented by one or more units of account made up of units or shares in undertakings for collective investment in transferable securities, collective investment schemes covered by paragraphs 1, 2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph 1 of sub-section 3 of section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code or similar undertakings established either in another Member State of the European Union, or in another State party to the Agreement on the European Economic Area which has concluded an administrative assistance agreement with France with a view to combating tax fraud and tax evasion and which benefits from the mutual recognition procedure for authorisations provided for in Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), and at least 30% of whose assets consist of:
a. Shares not covered by 3 of II of Article L. 211-1 of the Monetary and Financial Code, admitted to trading on a financial instruments market operated by a market undertaking or an investment services provider other than a portfolio management company or any other similar foreign body, of a State party to the Agreement on the European Economic Area;
b. Subscription or allocation rights or warrants attached to the shares referred to in a;
c. Shares or units in undertakings for collective investment in transferable securities and the collective investments mentioned in the first paragraph, more than 75% of whose assets consist of the securities and rights mentioned in a and b;
d. Units in venture capital mutual funds or professional private equity funds that meet the conditions set out in II of article 163 quinquies B, local investment funds mentioned in article L. 214-31 of the Monetary and Financial Code, innovation mutual funds mentioned in Article L. 214-30 of the same code and shares in venture capital companies that meet the conditions set out in Article 1-1 of loi n° 85-695 du 11 juillet 1985 portant diverses dispositions d’ordre économique et financier;
e. Shares or units issued by companies carrying on an activity referred to in Article 34 whose securities are not admitted to trading on a French or foreign financial instruments market operated by a market undertaking or an investment services provider or any similar foreign body, provided that the subscriber of the warrant or contract, his or her spouse and their ascendants and descendants do not together hold, during the term of the warrant or contract, directly or indirectly, more than 25% of the rights in the profits of the company or have not held such a holding at any time during the five years preceding the subscription of the warrant or contract ;
f. Shares, admitted to trading on a financial instruments market, the operation of which is ensured by a market undertaking or an investment services provider or any other similar foreign body, from a State party to the Agreement on the European Economic Area, issued by companies which carry on an activity mentioned in Article 34 and whose market capitalisation is less than 150 million euros. Market capitalisation is assessed on the basis of the average opening price over the sixty trading days preceding that of the investment. A decree of the Conseil d’Etat shall determine the terms of application of this valuation, in particular in the event of an initial listing or a corporate restructuring operation;
g. Units in funds or shares in companies mentioned in d, more than 50% of whose assets are made up of securities mentioned in e.
The securities and rights mentioned in a, b, e and f must be issued by companies which have their registered office in a Member State of the European Union, or in another State party to the Agreement on the European Economic Area which has concluded an administrative assistance agreement with France to combat tax fraud and evasion, and which are subject to corporation tax under the conditions of ordinary law at the normal rate or would be subject to corporation tax under the same conditions if they carried on their business in France.
The securities mentioned in d to g must represent at least 10% of the assets of each undertaking for collective investment in transferable securities or collective investment scheme covered by paragraphs 1, 2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph 1 of sub-section 3 of Section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code, the units or shares of which constitute the units of account of the bond or contract, with the securities mentioned in e and g representing at least 5% of these same assets.
The regulations or articles of association of undertakings for collective investment in transferable securities and collective investment schemes mentioned in the first paragraph provide for compliance with the investment proportions set out in that same paragraph and in the tenth paragraph. The same applies to the undertakings and companies mentioned in c and g with regard to the investment proportions mentioned in these same paragraphs.
2. When the undertakings for collective investment in transferable securities, collective investments and companies mentioned in the first paragraph and in c and g of 1 use financial futures instruments, repurchase agreements and any other temporary transaction for the sale or purchase of securities, these undertakings or companies must comply, in addition to the asset investment rules set out in 1, with the minimum investment proportions set out in the first and tenth paragraphs and in c and g of 1, calculated by taking the numerator to be the value of the securities eligible for these proportions from which they actually receive income. A Conseil d’Etat decree specifies the calculation methods and the supporting documents to be produced by the organisations or companies concerned.
3. The bonds or contracts mentioned in 1 may also provide that part of the premiums paid is allocated to the acquisition of rights which are not expressed in units of account or which are expressed in units of account other than those mentioned in the first paragraph of 1. For these bonds or contracts, the investment proportions that must be respected by the unit(s) of account mentioned in the first paragraph of 1 are equal to the proportions provided for in the same 1 multiplied by the ratio between the premium paid and the proportion of this premium represented by the aforementioned unit(s) of account.
I sexies. – A decree sets out the terms and conditions for the application of I to I quinquies and in particular the reporting obligations of taxpayers and paying institutions.
II. – 1. Individuals who benefit from products mentioned in I attached to premiums paid up until 26 September 2017 may opt for them to be subject to a levy which releases the income to which it applies from income tax when the person who ensures payment of this income is established in France, whether or not this is the debtor, the latter being established in a Member State of the European Union or in another State party to the Agreement on the European Economic Area that has concluded an administrative assistance agreement with France to combat tax evasion and avoidance.
The option, which is irrevocable, is exercised at the latest when the income is received.
The full discharge nature of the levy cannot be invoked for products that are taken into account for determining the taxable profit of an industrial, commercial, craft or agricultural business or a non-commercial profession.
The rate of the levy is set:
a. At 45% where the term of the contract was less than two years; this rate is 35%. 100% for contracts taken out on or after 1 January 1990;
b. 25% where the duration of the contract was equal to or greater than two years and less than four years; this rate is 35% for contracts taken out on or after 1 January 1990;
c. 100% for contracts taken out on or after 1 January 1990.
c. At 15% where this period has been equal to or greater than four years.
d. At 7.5% when this duration has been equal to or greater than six years for bonds or contracts taken out between 1 January 1983 and 31 December 1989 and eight years for contracts taken out from 1 January 1990.
The duration of contracts means, for single premium contracts and contracts involving the payment of regularly staggered periodic premiums, the actual duration of the contract and, in other cases, the weighted average duration. The provision relating to the weighted average term does not apply to contracts concluded on or after 1 January 1990.
2. I and V of Article 125 A are applicable to income from capitalisation bonds or contracts or investments of the same nature mentioned in I of this article or in 6° of Article 120, attached to premiums paid from 27 September 2017.
The rate of levy applied to these products is set at:
a) 12.8%;
> and
b) 7.5% when the term of the contract is equal to or greater than six years for bonds or contracts taken out between 1 January 1983 and 31 December 1989 and eight years for contracts taken out from 1 January 1990. This rate also applies to bonds or policies taken out before 1 January 1983.
This levy is not in full discharge of the income tax established under the conditions set out in 1 or 2 of article 200 A and due on the income to which this levy has been applied.
The levy is deducted from the income tax due on the income earned.
The levy is deducted from the income tax due for the year in which it was applied. If it exceeds the tax due, the excess is refunded.
II bis. – The levies mentioned in 1 and 2 of II are compulsorily applicable to products and gains from the sale of bonds or contracts mentioned in I, at the rates provided for in a to d of 1 of the same II or, for products or gains attached to premiums paid from 27 September 2017, at the rate provided for in a of 2 of the same II, when these benefit persons who are not domiciled for tax purposes or who are not established in France.
The rate of these levies is set at 75%, regardless of the term of the contract, when the products or gains benefit persons who are domiciled for tax purposes or who are established in an uncooperative State or territory within the meaning of Article 238-0 A other than those mentioned in 2° of 2 bis of the same Article 238-0 A, unless the debtor provides proof that the transactions to which this income and proceeds correspond mainly have a purpose and effect other than to allow the localisation of this income and proceeds in an uncooperative State or territory within the meaning of the said Article 238-0 A.
The levies mentioned in the first paragraph of this II bis release the income to which they apply from income or profits tax.
However, where the beneficiary referred to in the same first paragraph is an individual whose tax domicile is in a State or territory other than those referred to in the second paragraph, he may request, by means of a claim submitted in accordance with the dispositions de l’article L. 190 du livre des procédures fiscales, le bénéfice du taux mentionné au premier alinéa du 2° du B du 1 de l’article 200 A du présent code dans les conditions prévues par ce même 2°. For the assessment of the €150,000 threshold mentioned in the said 2°, only the premiums on all capitalisation bonds or contracts as well as investments of the same nature subscribed with insurance companies established in France are taken into account, according to the same rules as those provided for in a of the same 2°.
II ter. – The fraction having the character of income attached to capitalisation bonds or contracts, as well as products of the same nature, in particular life insurance contracts, of sums paid by the Caisse des dépôts et consignations pursuant to the articles L. 132-27-2 of the Insurance Code and L. 223-25-4 du code de la mutualité is subject to income tax determined according to the taxation rules in force in the year of this payment or, where applicable, at the taxpayer’s option and only for products relating to premiums paid until 26 September 2017, to the levy provided for in 1 of II of this article. The amount of taxable income is determined in accordance with the terms and conditions applicable on the maturity date of these bonds or contracts.
III. – The levies mentioned in II and II bis are established, liquidated and collected under the same guarantees and sanctions as that mentioned in article 125 A. The provisions of 1 of Articles 242 ter and 1736 are applicable.
IV. – Insurance companies are required to provide policyholders with all information and documents enabling them to declare the products, where applicable surrendered, in accordance with the tax regime applicable to them.
They also provide this information to the tax authorities. This declaration is made under the conditions provided for in article 242 ter.