I. – 1. Taxpayers who have been domiciled in France for tax purposes for at least six of the ten years preceding the transfer of their tax residence outside France are taxable on the transfer in respect of unrealised capital gains on the corporate rights, securities or rights referred to in 1 of I of Article 150-0 A held, directly or indirectly, by the members of their tax household on the date of this transfer where these same corporate rights, securities, securities or rights represent at least 50% of the corporate profits of a company or when the total value of the said corporate rights, securities, securities or rights, determined under the conditions provided for in the first paragraph of 2, exceeds €800,000 on that same date.
Taxpayers domiciled in France for tax purposes for at least six of the last ten years are taxable on the transfer of their tax domicile outside France on the value of claims arising from an earn-out clause mentioned in 2 of I of article 150-0 A.
2. The capital gain recorded under the conditions of the first paragraph of 1 of this I is determined by the difference between the value of the corporate rights, securities, titles or rights at the time of the transfer of the tax domicile outside France, determined in accordance with the rules set out in Article 758 and the last paragraph of I of Article 973, and their acquisition price by the taxpayer or, in the case of an acquisition free of charge, their value used to determine the transfer duties.
When the corporate rights, securities, titles or rights mentioned in the first paragraph of 1 of this I have been received during an exchange transaction benefiting from the tax deferral provided for in article 150-0 B prior to the transfer of the taxpayer’s tax residence, the capital gain recorded is calculated on the basis of the acquisition price or value of the securities handed over in the exchange, less the amount of the balancing payment received, which was not subject to taxation in respect of the year of the exchange, or plus the balancing payment made at the time of this exchange.
The claims mentioned in the last paragraph of 1 of this I are valued at their actual value at the time of the transfer of their holder’s tax domicile outside France.
2 bis. The capital gain calculated under the conditions provided for in the first paragraph of 2 is reduced, where applicable, by the allowance mentioned in 1 ter or 1 quater of article 150-0 D, under the conditions provided for in 1 to 1 quinquies of that same article.
For the application of the first paragraph of this 2 bis to the allowance provided for in 1 ter or 1 quater of article 150-0 D, the transfer of the tax domicile is treated as a transfer for valuable consideration.
3. The capital gain calculated under the conditions provided for in the first paragraph of 2 is reduced, where applicable, by the fixed allowance mentioned in 1 of I of article 150-0 D ter, under the conditions and according to the procedures provided for in that same article.
For the application of the first paragraph of this 3 to the fixed allowance mentioned in article 150-0 D ter, the transfer of the tax domicile is treated as a disposal for valuable consideration if the following conditions are cumulatively met:
a) The taxpayer has claimed his retirement rights before the transfer of his tax domicile;
b) The taxpayer domiciled for tax purposes outside France disposes of the securities mentioned in the first paragraph of 1 within two years of his retirement.
4. Repealed.
5. Unrealised capital losses calculated in accordance with the procedures set out in the first paragraph of 2 may not be offset against capital gains calculated in accordance with the same procedures or against other capital gains, regardless of how they are taxed.
II. – When a taxpayer transfers his tax domicile outside France, capital gains from the sale or exchange of corporate rights, securities or rights whose taxation has been deferred pursuant to the II of article 92 B, of article 92 B decies and I ter and II of article 160, as they read prior to 1 January 2000, article 150-0 C, in the version in force before 1 January 2006 and, articles 150-0 B bis, 150-0 B ter and 150-0 B quater are also taxable at the time of this transfer.
II bis. 1. – Subject to 1 bis, income tax relating to capital gains and claims determined under the conditions provided for in I and II of this article is established under the conditions provided for in 1 or 2 of article 200 A.
When the tax is established under the conditions provided for in 2 of article 200 A, it is equal to the difference between, on the one hand, the amount of tax resulting from the application of article 197 to all the income from French and foreign sources mentioned in 1 of article 167 to which are added the capital gains and receivables taxable under I and II of this article and, on the other hand, the amount of the tax established under the conditions provided for in Article 197 for only the income from French and foreign sources mentioned in 1 of Article 167.
The tax rate on the capital gains and claims mentioned in I and II of this article and taxed under the conditions of the second paragraph of this 1 is equal to the ratio between, on the one hand, the tax calculated under the conditions of the same second paragraph and, on the other hand, the sum of the capital gains and claims determined under the conditions of I and II.
1 bis. The rate of taxation on the capital gains referred to in II, the taxation of which has been deferred pursuant to article 150-0 B ter, is determined under the conditions provided for in 2 ter of article 200 A.
2. Repealed.
III. – For the purposes of this article, the transfer of a taxpayer’s tax residence outside France is deemed to occur on the day preceding that from which the taxpayer ceases to be subject to tax liability in France on all of his income.
IV. – Payment of the tax relating to capital gains and receivables established under the conditions provided for in I of this article and to capital gains taxable pursuant to II is deferred, when the taxpayer transfers his tax residence outside France to a Member State of the European Union or to another State or territory which has concluded with France an administrative assistance agreement to combat tax fraud and tax evasion as well as a mutual assistance agreement on recovery having a similar scope to that provided for by Council Directive 2010/24/EU of 16 March 2010 on mutual assistance for the recovery of claims relating to taxes, taxes, duties and other measures, and which is not an uncooperative State or territory within the meaning of Article 238-0 A.
V. – At the express request of the taxpayer, payment of the tax relating to capital gains and receivables established under the conditions provided for in I and to capital gains taxable pursuant to II may also be deferred when the taxpayer:
a) Transfers his tax domicile outside France to a State or territory other than those mentioned in IV;
b) After having transferred his tax domicile outside France to a State or territory mentioned in IV, transfers it again to a State or territory other than those mentioned in the same IV.
In the cases mentioned in a and b of this V, the deferment of payment is subject to the condition that the taxpayer declares the amount of the capital gains and claims established under the conditions of I or taxable pursuant to II, designates a representative established in France authorised to receive communications relating to the assessment, collection and litigation of the tax and provides the competent public accountant, prior to his departure, with appropriate guarantees to ensure the collection of the Treasury’s claim.
The amount of the guarantees that the taxpayer is required to set up prior to his transfer of tax residence outside France in order to benefit from the deferment of payment provided for in this V is equal to 12.8% of the total amount of the capital gains and claims mentioned in I and II, retained for their gross amount without the application, where applicable, of the allowances mentioned in 2a and 3 of I. However, the amount of the guarantees relating to the capital gains tax mentioned in 1 bis of II bis is determined by applying the rate mentioned in the same 1 bis to these same capital gains.
In the month following receipt of the tax notice issued in respect of the tax relating to the capital gains and claims mentioned in I and II, the taxpayer shall, where applicable, provide additional guarantees to ensure recovery of the tax calculated under the conditions of II bis up to the difference between this amount of tax and the amount of the guarantee provided prior to the transfer of the tax domicile outside France.
Where the amount of tax calculated under the conditions of II bis is less than the amount of guarantees set up prior to the transfer of tax residence outside France, the taxpayer may ask the accountant responsible for collection to release these guarantees up to the difference between the amount of these guarantees and the aforementioned amount of tax.
VI. – The deferment of payment provided for in IV and V has the effect of suspending the limitation period for recovery proceedings until the date of the event leading to their expiry. They are treated in the same way as the suspension of payment referred to in article L. 277 of the tax procedures book for the application of articles L. 208 and L. 279 of the same book.
VII. – 1. The suspension of payment provided for in IV and V expires when one of the following events occurs:
a) The sale, redemption, repayment or cancellation of the corporate rights, securities or entitlements for which capital gains have been recorded under the conditions of I or whose acquisition prior to the transfer of the tax domicile outside France gave entitlement to the benefit of the provisions mentioned in II of article 92 B, article 92 B decies and I ter and II of article 160, as they stood prior to 1 January 2000, and article 150-0 C, as it stood prior to 1 January 2006, with the exception of disposals to which the tax deferrals provided for in article 150-0 B ter apply. Disposal means transfers for valuable consideration, with the exception of exchange or contribution transactions occurring after the transfer of tax residence outside France, falling within the scope of articles 150-0 B or 150-0 B ter and relating to corporate rights, securities, titles or rights for which capital gains have been recorded under the conditions of I of this article.
b) The donation of:
1° Corporate rights, values, securities or rights for which capital gains have been established under the conditions of I when the donor is domiciled for tax purposes in a State or territory other than those mentioned in IV, unless he demonstrates that the donation is not made with the principal motive of evading the tax established under the conditions of II bis ;
2° Securities for which capital gains on disposal or exchange have been deferred pursuant to article 92 B decies, the last paragraph of 1 of I ter and II of article 160, as they read prior to 1 January 2000, article 150-0 C, as it read prior to 1 January 2006, or article 150-0 B bis ;
c) The death of the taxpayer, for the tax calculated in application of II bis relating to the capital gains mentioned in article 92 B decies, in the last paragraph of 1 of I ter and in II of article 160, in their wording in force before 1st January 2000, in article 150-0 C, in its wording in force before 1st January 2006, or in article 150-0 B bis ;
d) The receipt of an earn-out, as well as, for the claims mentioned in the second paragraph of 1 of I, the contribution of the claim, its transfer for valuable consideration or its donation when the donor is domiciled for tax purposes in a State or territory other than those mentioned in IV, unless he demonstrates that the donation is not made with the principal motive of evading the tax established under the conditions of II bis ;
d bis) Repealed;
e) Repealed;
f) The sale for valuable consideration, repurchase, redemption or cancellation of securities or rights received as consideration for the contribution or securities or rights contributed or shares or rights in companies or groupings interposed in accordance with article 150-0 B ter, for the tax relating to capital gains on the sale carried forward pursuant to the same article.
1 bis. For the tax relating to capital gains recorded under the conditions of I, the corporate rights, securities, titles or rights mentioned in a and b of 1 mean:
1° Those mentioned in the first paragraph of 1 of I;
2° Those received during an exchange or contribution transaction falling within the scope of article 150-0 B occurring after the transfer of the tax domicile outside France;
3° Of those mentioned in 1°, 2° and 3° of I of article 150-0 B ter when the securities on which a capital gain was recorded under the conditions of I of this article at the time of the transfer of the tax domicile outside France have been the subject, after this transfer, of a contribution transaction falling within the scope of article 150-0 B ter. 2. On expiry of a period of two years following the transfer of tax residence outside France or when the taxpayer transfers his tax residence back to France if this event occurred earlier, the tax calculated under the conditions of II bis relating to the unrealised capital gains mentioned in the first paragraph of 1 of I is automatically deducted, or reimbursed if it had been the subject of immediate payment at the time of the transfer of tax residence outside France, if the securities mentioned in the same paragraph or the securities received during an exchange transaction falling within the scope of article 150-0 B which took place after the transfer of tax residence outside France remain, on that date, in the taxpayer’s assets. By way of derogation, this period is extended to five years where the total value defined in the first paragraph of 1 of I of this article exceeds €2.57 million on the date of the transfer of the taxpayer’s tax domicile outside France.
The tax calculated under the conditions of II bis relating to the unrealised capital gains mentioned in the first paragraph of 1 of I is also relieved, or refunded if it had been the subject of immediate payment at the time of the transfer of tax residence outside France, in the event of the death of the taxpayer or, for its fraction relating to the corporate rights, securities or rights donated, in the event of a gift of the securities mentioned in the same paragraph or of the securities received in an exchange transaction falling within the scope of article 150-0 B occurring after the transfer of tax residence outside France, where the donor is domiciled for tax purposes in a State or territory mentioned in IV or, if he is domiciled for tax purposes in another State or territory, on condition that he demonstrates that the gift is not made with the main purpose of evading the tax established under the conditions of II bis.
The tax calculated under the conditions of the same II bis relating to the capital gains mentioned in the first paragraph of 1 of I is also relieved, for its fraction relating to the corporate rights, values, securities or rights mentioned in the same paragraph which are the subject of a sale or redemption falling within the scope of III of article 150-0 A, on condition that the taxpayer is domiciled for tax purposes in a State or territory mentioned in IV of this article on the date of this sale or redemption.
3. When the taxpayer transfers his tax residence back to France and the securities to which the capital gain taxable under the conditions provided for in II relates remain in his assets, he is, for the tax relating to these securities, placed in the same tax situation as if he had never left French territory.
When the taxpayer transfers free of charge, while domiciled outside France, securities the acquisition of which gave entitlement to the benefit of the provisions of II of article 92 B or those of the first paragraph of 1 or 4 of I ter of article 160, as they stood prior to 1 January 2000, or of article 150-0 B ter, the fraction of the tax established under the conditions of II bis of this article relating to the securities thus transferred is deducted or, if it had been the subject of immediate payment at the time of the transfer of the tax domicile outside France, refunded.
4. The tax calculated in application of II bis relating to the claims mentioned in the last paragraph of 1 of I is deducted, or refunded if it had been the subject of immediate payment at the time of the transfer of the tax residence outside France, in the event of re-establishment of the tax residence in France or, where the taxpayer is still domiciled abroad for tax purposes, on the death of the taxpayer or on the donation of the receivables, where the donor is domiciled for tax purposes in a State or territory referred to in IV or, if the donor is domiciled for tax purposes in another State or territory, on condition that the donor demonstrates that this latter transaction was not carried out with the principal aim of evading tax established under the conditions set out in II bis. The tax is deducted or refunded for the fraction relating to the claim still held by the taxpayer on the date on which tax residence in France is re-established or on the date of death, or for the fraction relating to the claim which has been the subject of a gift, after deduction of any additional payments received between the date on which tax residence was transferred outside France and the date on which tax residence in France is re-established, the date of death or the date of the gift.
VIII. – 1. If, on the occurrence of one of the events mentioned in a and b of 1 of VII, the amount of the capital gain on the disposal or, in the case of a free acquisition, the increase in value of the securities since their entry into the taxpayer’s assets is less than the amount of the capital gain determined under the conditions of I, the tax calculated in application of II bis relating to the unrealised capital gain recorded in accordance with I on the securities concerned by one of the aforementioned events is retained within the limit of its amount recalculated on the basis of the difference between the price, in the case of a sale or redemption, or the value, in other cases, of the securities concerned on the date of the event mentioned in a or b of 1 of VII, on the one hand, and their acquisition price or value retained for the application of 2 of I, less, where applicable, the balancing payment received or plus the balancing payment made during the exchange or contribution transaction meeting the conditions for the application of Articles 150-0 B or 150-0 B ter occurring after the transfer of tax residence outside France, on the other hand.
The excess tax is automatically deducted or refunded if it had been paid immediately when the taxpayer transferred his or her tax residence outside France. In this case, the taxpayer provides, in support of the declaration mentioned in the first paragraph of 3 of IX, the calculation elements used.
2. If, on the occurrence of one of the events mentioned in a and b of 1 of VII, the taxpayer realises a loss or notes that the securities have a value lower than their entry value in his assets, the tax calculated pursuant to II bis relating to the unrealised capital gain recorded in accordance with I on the securities concerned by one of the aforementioned events is deducted, or refunded if it had been the subject of immediate payment at the time of the transfer of tax domicile outside France.
3. If, on the occurrence of the transfer for valuable consideration of the securities, the allowance provided for in 1 ter or 1 quater of article 150-0 D or in article 150-0 D ter is greater than the allowance applied in accordance, as the case may be, with 2 bis or 3 of I of this article, the tax calculated pursuant to II bis relating to the unrealised capital gain recorded in accordance with I on the securities concerned by the said transfer is retained up to its amount based on the base reduced by this new allowance.
4. If, at the time of the occurrence of one of the events provided for in a of 1 of VII, of this article the taxpayer realises a capital gain taxed in France in accordance with the provisions of articles 244 bis A or 244 bis B, the tax calculated under the conditions of II bis relating to the unrealised capital gain recorded in accordance with I on the securities concerned by one of the aforementioned events is deducted or refunded if it had been the subject of a payment the year following the transfer of tax residence outside France.
4 bis. The capital loss realised by a taxpayer domiciled for tax purposes in a State or territory mentioned in IV at the time of one of the events mentioned in a of 1 of VII and relating to securities for which a capital gain had been recorded in accordance with I at the time of the transfer of his tax domicile outside France is chargeable, under the conditions provided for in 11 of article 150-0 D :
a) On capital gains realised by the same taxpayer at the time of the occurrence of one of the events mentioned in a of 1 of VII and relating to securities for which a capital gain had been recognised in accordance with I at the time of the transfer of his tax domicile outside France;
b) On capital gains taxable pursuant to Article 244 bis B;
c) Where the taxpayer transfers his tax domicile back to France, on capital gains taxable pursuant to Article 150-0 A.
The capital loss on the sale or redemption of corporate rights, securities, titles or rights determined in accordance with articles 150-0 A or 244 bis B is chargeable, under the conditions set out in 11 of article 150-0 D, against the capital gains mentioned in a of this 4 bis.
5. Any tax paid by the taxpayer in his State or territory of residence in the cases provided for in a of 1 of VII may be deducted, up to the limit of the final tax due in France:
a) From the levies provided for in article L. 136-6 of the Social Security Code and in theArticle 15 of Ordinance no. 96-50 of 24 January 1996 relating to the repayment of the social debt and then on the levy provided for in 1° of I of Article 235 ter relating to the capital gain calculated in application of the first paragraph of 2 of I and 1 and 4 bis, in proportion to the ratio between, on the one hand, this same capital gain and, on the other hand, the base of the tax paid outside France ;
b) Then, for the remainder, on the income tax relating to the capital gain calculated pursuant to 2 to 3 of I and 1, 3 and 4 bis, in proportion to the ratio between, on the one hand, this same capital gain and, on the other hand, the tax base paid outside France.
VIII bis. – 1 (repealed)
2. Upon the occurrence of each event provided for in VII, the amount of income tax due, to be relieved or refunded, is calculated by applying the tax rate defined in II bis to the capital gain or definitive claim concerned by said event.
However, at the express request of the taxpayer, when the amount of income tax has been determined under the conditions provided for in the second paragraph of 1 of II bis, the tax due, to be disgorged or refunded, may be calculated by applying the same second paragraph of 1 of II bis to all definitive capital gains and receivables and then retaining the amount of tax thus calculated corresponding to the only capital gain or receivable concerned by the event mentioned in VII.
This option, which must be exercised upon the occurrence of the first event provided for in VII affecting a capital gain or receivable mentioned in I or II, is irrevocable and applies to all capital gains and receivables determined under the conditions provided for in these same I and II.
The excess income tax is deducted or refunded. In this case, the taxpayer provides, in support of the declaration mentioned in 3 of IX, the calculation elements used.
IX. – 1. Taxpayers who transfer their tax domicile outside of France are required to declare the capital gains and receivables taxable pursuant to I and II on the declaration mentioned in 1 of article 170 the year following that of the transfer within the period provided for in l’article 175.
2. When he benefits from the deferment of payment in respect of a claim mentioned in the second paragraph of 1 of I or a capital gain taxable pursuant to II, he declares each year on the declaration mentioned in 1 of this IX the cumulative amount of tax deferred in this respect and indicates on a form drawn up by the administration, attached hereto, the amount of the capital gains and receivables established in accordance with the second paragraph of 1 of I and II and the tax relating to the capital gains and receivables for which the deferment of payment has not expired.
When the taxpayer who benefits from the deferment of payment in respect of a claim mentioned in the second paragraph of 1 of I or a capital gain taxable pursuant to II also benefits from this deferment in respect of a capital gain mentioned in the first paragraph of 1 of I, he declares on the declaration mentioned in the first paragraph of this IX the cumulative amount of tax deferred in respect of all these capital gains and claims and indicates on the form mentioned in the same first paragraph the amount of the capital gains and claims established in accordance with I and II and the tax relating to the capital gains and claims for which the deferment of payment has not expired.
3. Within the time limit stipulated in article 175, he declares, in the year following that of the expiry of the deferment of payment, on the same form attached to the declaration stipulated in article 170, the nature and date of the event leading to the expiry of the deferment of payment as well as the amount of tax due relating to the capital gains and receivables established under the conditions of I of this article and modified, where applicable, under the conditions of VIII, or taxable pursuant to II. In support of this declaration, the taxpayer provides the calculation elements used. The final tax is paid when this form is filed.
Where the taxpayer has not benefited from a deferment of payment pursuant to IV and V, he shall request, within the period provided for in article 175, the year following the occurrence of one of the events provided for in a and b of 1 of VII and where he finds himself in one of the cases provided for in VIII, the refund of the tax calculated pursuant to IIa and paid the year following his transfer of tax residence outside France relating to the unrealised capital gain recorded on the securities and receivables concerned by one of the aforementioned events.
The year following the occurrence of one of the events provided for in 2 to 4 of VII and within the period provided for in Article 175, the taxpayer declares the nature and the date of these events and requests the deduction or the refund of the tax calculated pursuant to II bis relating to the capital gains recorded on the securities and receivables concerned by one of these events.
4. Failure to file the declaration and the form mentioned in 1 and 2 or the omission of all or part of the information that must be included therein results in the immediate payment of the tax deferred.
5. Within two months of each transfer of tax domicile, taxpayers are required to inform the tax authorities of the address of the new tax domicile.
X. – A decree sets out the conditions for the application of this article, in particular the taxpayers’ reporting obligations.
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