I. – A tax is introduced on capital gains realised under the conditions provided for in articles 150 U and 150 UB to 150 UD by natural persons or companies or groupings covered by articles 8 to 8 ter and in those provided for in article 244 bis A by taxpayers not resident in France for tax purposes who are liable for income tax.
The tax does not apply to capital gains realised on the disposal of building land or rights relating thereto.
II. – The tax is based on the taxable amount of the capital gains determined under the conditions provided for, as the case may be, in articles 150 V to 150 VD or II of article 244 bis A.
It is due by the transferor and payable at the time of the transfer.
III. – The tax is due on taxable capital gains in excess of €50,000, according to the following scale applied to the total amount of the taxable capital gain:
(In euros)
AMOUNT OF TAXABLE CAPITAL GROWTH |
AMOUNT OF TAX |
From €50,001 to €60,000 |
2% PV-(60,000-PV) × 1/ 20De |
60,001 to 100,000 |
2% PVDe |
100,001 to 110,000 |
3% PV-(110,000-PV) × 1/ 10De |
110,001 to 150,000 |
3% PVDe |
150,001 to 160,000 |
4% PV-(160,000-PV) × 15/ 100De |
160,001 to 200,000 |
4% PVDe |
200,001 to 210,000 |
5% PV-(210,000-PV) × 20/ 100De |
210,001 to 250,000 |
5% PVDe |
250,001 to 260,000 |
6% PV-(260,000-PV) × 25/ 100Superior |
to 260,000 |
6% PV |
(PV = amount of taxable capital gain) |
IV. – A declaration, in accordance with a model drawn up by the administration, records the information used to calculate the tax. It is filed under the conditions provided for in 1°, 2° and 4° of I and II of Article 150 VG.
V. – The tax is paid when the declaration provided for in IV is filed. I to II bis of article 150 VF, the second paragraph of I and II and III of article 150 VH and IV of article 244 bis A are applicable.
VI. – The tax is controlled under the same guarantees and penalties as for income tax.