I. – For all companies, with the exception of those referred to in IIa to VI:
1. Turnover is equal to the sum of:
– sales of manufactured products, services and goods;
– royalties for concessions, patents, licences, trademarks, processes, software, rights and similar assets;
– capital gains on the disposal of tangible and intangible fixed assets, where they relate to a normal and current activity;
– re-invoicing of costs entered in the expense transfer account.
2. The turnover of holders of non-commercial profits who do not exercise the option referred to in Article 93 A means the amount, excluding tax, of fees or receipts collected in their name, less retrocessions, as well as miscellaneous gains.
3. The turnover of persons whose income subject to income tax falls into the property income category defined in article 14 includes gross revenue excluding tax as defined in article 29.
4. Added value is equal to the difference between:
a) On the one hand, turnover as defined in 1, plus :
– other current management income with the exception, on the one hand, of that taken into account in turnover and, on the other hand, of the share of profits from operations carried out jointly;
– fixed asset production, up to the amount of only those expenses which contributed to its formation and which are among the expenses deductible from added value ; no account is taken of capitalised production, excluding the co-producers’ share, relating to audiovisual or cinematographic works entered on the assets side of the balance sheet of an audiovisual or cinematographic production company, or a cinematographic distribution company for the amount corresponding to the payment of the guaranteed minimum to a producer, provided that these works are likely to benefit from tax depreciation applied over a period of twelve months ;
– operating subsidies;
– positive changes in inventories;
– transfers of expenses deductible from added value, other than those taken into account in sales;
– receipts on amortised receivables when they relate to operating income;
b) And, on the other hand:
– stocked purchases of raw materials and other supplies, purchases of studies and services, purchases of materials, equipment and works, non-stocked purchases of materials and supplies, purchases of goods and ancillary purchasing costs;
– less discounts, rebates and refunds obtained on purchases;
– negative changes in inventories;
– external services less discounts, rebates and refunds obtained, with the exception of rents or royalties relating to tangible assets leased or subleased for a period of more than six months or under finance leases, as well as royalties relating to such assets when they result from a management lease agreement ; however, where the property leased by the taxpayer is sublet for a period of more than six months, the rental payments are retained up to the amount of the proceeds of the sublease;
– turnover and similar taxes, indirect taxes, domestic consumption tax on energy products [Provisions declared unconstitutional by Constitutional Council decision no. 2009-599 DC of 29 December 2009];
– other current management charges, other than the share of profits from joint operations ;
– depreciation charges for impairment relating to tangible assets leased or subleased for a period of more than six months, leased or subject to a management lease, in proportion to the period of leasing, subleasing, leasing or management lease only;
– capital losses on the disposal of tangible and intangible fixed assets, when they relate to a normal and current activity.
5. The added value of the taxpayers mentioned in 2 is made up of the excess of turnover defined in 2 over expenses of the same nature as the charges allowed as deductions from added value pursuant to 4, with the exception of deductible or disbursed value added tax.
6. The added value of the taxpayers referred to in 3 is equal to the excess of the turnover defined in 3 less the property expenses listed in article 31, with the exception of the expenses listed in c and d of 1° of I of the same article 31.
7. The added value defined in 4, 5 and 6 may not exceed a percentage of the turnover referred to in 1, 2 and 3 respectively equal to:
80% for taxpayers whose turnover is less than or equal to €7.6 million;
85% for taxpayers whose turnover is greater than €7.6 million.
For the application of this 7, the period used for turnover is the same as that used for value added.
I bis. – (Repealed)
II. – (Repealed)
II bis. – For companies subject to the tax regime defined in 1 of Article 50-0, the value added is calculated in accordance with the procedures set out in a of I of Article 1647 B sexies (1).
III. – For credit institutions and finance companies and, when authorised by the Autorité de contrôle prudentiel et de résolution, the undertakings mentioned in Article L. 531-4 of the Monetary and Financial Code :
1. Turnover includes all banking operating income and miscellaneous operating income other than the following:
a) 95% of dividends on equity securities and shares in affiliated undertakings;
b) Capital gains on disposals of fixed assets included in miscellaneous operating income other than those relating to other securities held on a long-term basis;
c) Reversals of special provisions and provisions on fixed assets;
d) Share of investment subsidies;
e) Share of profits on joint operations.
2. Added value is equal to the difference between:
a) On the one hand, turnover as defined in 1, plus write-backs of special provisions and recoveries of written-off loans when they relate to banking operating income;
b) And, on the other hand:
– banking operating expenses other than allocations to provisions for fixed assets leased or rented under operating leases;
– external services, with the exception of rents or royalties relating to tangible assets leased or subleased for a period of more than six months or under operating leases, as well as royalties relating to such assets when they result from a management lease agreement ; however, when the assets leased by the taxpayer are sublet for a period of more than six months, the rental payments are retained up to the amount of the proceeds from this sublease;
– miscellaneous operating expenses, with the exception of capital losses on the disposal of fixed assets other than those relating to other securities held on a long-term basis and shares of profits on joint operations;
– losses on bad debts when they relate to banking operating income.
IV. – For undertakings, other than those mentioned in III and VI, whose principal activity is the management of financial instruments within the meaning of Article L. 211-1 of the Monetary and Financial Code :
1. Turnover includes:
– turnover as determined for general companies in 1 of I;
– financial income, with the exception of write-backs of provisions and 95% of dividends on equity securities;
– and capital gains on the sale of securities, with the exception of capital gains on the sale of equity securities.
2. Added value is equal to the difference between:
– on the one hand, turnover as defined in 1, plus receipts on receivables written off where they relate to turnover as defined in 1;
– and, on the other hand, the external services mentioned in 4 of I; financial expenses, with the exception of depreciation and provisions; capital losses on the disposal of securities other than equity securities; losses on bad debts where they relate to turnover as defined in 1.
Companies whose principal activity is the management of financial instruments are those that meet at least one of the following two conditions:
– financial fixed assets and marketable securities held by the company represented on average at least 75% of assets during the period referred to in Article 1586 quinquies ;
– the turnover of the financial instruments management activity corresponding to financial income and income from the sale of securities achieved during the period mentioned in Article 1586 quinquies is greater than the total turnover of the other activities.
Except for companies in which at least 50% of the voting rights are held, directly or indirectly, by a company mentioned in III or VI or jointly by companies mentioned in the same III or VI, the conditions mentioned in the fifth and sixth paragraphs are assessed, where applicable, with regard to the assets and turnover of the group to which the company belongs within the meaning of Article L. 233-16 of the Commercial Code on the basis of the consolidated accounts provided for in I of the same article.
V. – For companies and groupings created to carry out a single transaction to finance tangible fixed assets:
a) Which are at least 95% owned by a credit institution or finance company and which carry out the transaction on behalf of the credit institution or finance company or a company which is itself at least 95% owned by the credit institution or finance company;
b) Or which are subject to 1 of II of the article 39 C or to the articles 217 undecies, 217 duodecies or 244 quater Y:
1. Turnover includes:
– turnover as determined for general companies in 1 of I;
– financial income and capital gains resulting from the sale to the lessee of fixed assets financed as part of the transaction referred to in the first paragraph of this V.
2. The added value is equal to the difference between:
– on the one hand, turnover as defined in 1, plus receipts on receivables written off where they relate to turnover as defined in 1 ;
– and, on the other hand, the external services and depreciation allowances mentioned in 4 of I, financial charges and capital losses resulting from the sale to the lessee of the fixed assets financed as part of the transaction referred to in the first paragraph of this V and losses on bad debts when they relate to the turnover defined in 1.
VI. – For mutual insurers and unions governed by Book II of the Mutual Code, the mutual insurers and unions for supplementary occupational retirement provision referred to in Article L. 214-1 of the same code, provident institutions governed by Title III of Book IX of the Social Security Code, institutions for supplementary occupational retirement provision referred to in Article L. 942-1 of the same code, insurance and reinsurance companies governed by the Insurance Code and the supplementary occupational pension funds mentioned in Article L. 381-1 of the same code:
1. Turnover includes:
– premiums or contributions;
– other underwriting income;
– commissions received from reinsurers;
– non-underwriting income, with the exception of the use or reversal of provisions ;
and investment income, with the exception of reversals of provisions for depreciation, capital gains on disposals and 95% of dividends relating to investments in affiliated or participating undertakings, capital gains on disposals of operating property and share of profits on joint operations.
2. Added value is equal to the difference between:
a) On the one hand, turnover as defined in 1, plus :
– operating subsidies;
– capitalised production, up to the amount of only those expenses which contributed to its formation and which are deductible from value added;
– transfers ;
b) And, on the other hand, subject to the details mentioned in the following paragraphs, services and expenses paid, purchases, the amount of exceptional assistance granted by decision of the Board of Directors or the assistance committee where such exists, other external expenses, other current management expenses, changes in provisions for claims or benefits payable and other technical provisions, including provisions for the risk of claims being payable only in respect of the portion that is not deductible from taxable income in accordance with 5° of 1 of article 39, profit sharing, investment expenses with the exception of capital losses on the sale of investments in affiliated companies or companies with a shareholding link and capital losses on the sale of business property;
However, the following are not deductible from added value:
– rents or royalties relating to tangible assets leased or subleased for a period of more than six months or under finance leases, as well as royalties relating to these fixed assets when they result from a management lease agreement; however, when the assets leased by the taxpayer are subleased for a period of more than six months, the rents are retained up to the amount of the proceeds from this sublease;
– staff costs;
– taxes, duties and similar payments, with the exception of turnover taxes and similar taxes, indirect contributions, domestic consumption tax on energy products;
– share of profits on joint operations;
– financial charges relating to operating property;
– depreciation charges for operating property;
– charges to provisions other than technical provisions.
c) (Repealed)
VII. – When capital gains on the sale of fixed assets or securities of a nature to be included in turnover and added value pursuant to I and III to VI are realised in the year in which the company is set up, they are included in the turnover and added value withheld in respect of the following year.