Sums due to employees in respect of employee profit-sharing, pursuant to Title II of Book III of Part III of the Labour Code, are exempt from income tax when they have been allocated under the conditions provided for in articles L. 3323-2 and L. 3323-3 of the same code or, when they are allocated, pursuant to 2° of article L. 224-2 of the Monetary and Financial Code, to the implementation of a retirement savings plan mentioned in article L. 224-13 or article L. 224-23 of the same code.
The exemption applies only to half of the sums in question when the period of unavailability has been set at three years. However, the exemption is total when the sums received are, at the employees’ request, allocated to savings plans set up in accordance with Title III of Book III of Part Three of the Labour Code under the conditions set out in Article L. 3324-12 of the aforementioned code. The provisions of articles L. 3332-25 and L. 3332-26 of this code are then applicable.
Income from sums allocated by way of profit-sharing and receiving the same allocation as them, are exempt under the same conditions. They are then subject to the same unavailability as these sums and are definitively exempt on expiry of the corresponding unavailability period. Notwithstanding the provisions of article 199 ter, the tax credits attached to this income are refundable. They are exempt under the same conditions as this income.
After expiry of the period of unavailability, the exemption is however maintained for income from sums used to acquire shares in the company or paid to investment bodies outside the company such as those mentioned in 1° of article L. 3323-2 of the Labour Code, as long as the employees do not request the delivery of the rights constituted for their benefit.
To be entitled to the exemptions provided for in this article, the profit-sharing agreements must have been filed with the departmental labour and employment office of the place where they were concluded.