Where the construction lease provided for by the articles L. 251-1 to L. 251-8 of the Code de la construction et de l’habitation is accompanied by a clause providing for the transfer of ownership of the land to the lessee in return for payment of a rent supplement, the capital gain generated on the sale of the land is taxed under the conditions set out in articles 35,150 U, 244 bis and 244 bis A.
For the application of the provisions of article 150 U, the amount of the net capital gain is determined at the time the lease is signed on the basis of the value of the property at that date; the period of ownership taken into account for establishing the capital gain is the period between the date of acquisition of the property by the lessor and the date of transfer of ownership at the end of the lease.
The amount to be added to capital gains income is revalued using the same indexation formula as the rent itself.
Sums and benefits of any kind received by the lessor in payment of the land transfer price are not subject to the regime defined in article 33 bis.