I. – Taxpayers domiciled in France within the meaning of Article 4 B may benefit from an income tax reduction for new productive investments they make in the overseas departments, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, Saint-Martin, Saint-Barthélemy, the Wallis and Futuna Islands and the French Southern and Antarctic Territories, as part of a business carrying out an agricultural activity or an industrial, commercial or craft activity covered by l’article 34. Where the activity is carried out in an overseas department, the company must have achieved a turnover of less than €20 million in its last financial year. This turnover threshold is reduced to €15 million and €10 million for investments made by the company during the financial years beginning on or after 1 January 2019 and 1 January 2020 respectively. If the company has not completed any financial year, its turnover is deemed to be zero. If the last completed financial year is more or less than twelve months, the amount of turnover is corrected to correspond to a twelve-month period. When the tax reduction applies under the conditions set out in the twenty-sixth and twenty-seventh paragraphs, the turnover is assessed at the level of the lessee or lessee company. The latter communicates the amount to the company making the investment. When the company mentioned in the second and sixth sentences of this paragraph is linked, directly or indirectly, to one or more other companies within the meaning of Article 39(12), the turnover to be used is the sum of its turnover and that of all the companies linked to it.
However, investments made in the following sectors of activity are not eligible for the tax reduction:
a) Commerce;
b) Cafés, tobacconists and public houses as well as restaurants, with the exception of restaurants where the manager or an employee holds the title of maître-restaurateur as defined in article L. 122-21 of the Consumer Code and which have been inspected as part of the award of this title, as well as, where applicable, tourist restaurants classified on the date of publication of the loi n° 2009-888 du 22 juillet 2009 de développement et de modernisation des services touristiques;
c) Conseils ou expertise;
d) (Abrogé);
e) Education, santé et action sociale;
f) Banque, finance et assurance;
g) Toutes activités immobilières ;
h) Cruising, car repair, rental without operators, with the exception of direct rental of pleasure boats or for the benefit of natural persons using for a period not exceeding two months tourist vehicles within the meaning of Article L. 421-2 of the code of taxes on goods and services;
i) Services provided to businesses, with the exception of maintenance, contract cleaning and packaging activities and call centres;
j) Leisure, sporting and cultural activities, with the exception of, on the one hand, those that are directly and principally integrated into a hotel or tourist activity and do not consist of the operation of games of chance and gambling and, on the other hand, audiovisual and cinematographic production and broadcasting;
k) Associative activities;
l) Postal activities.
The tax reduction provided for in the first paragraph also applies to renovation and refurbishment work on hotels, tourist residences and classified holiday villages, where such work constitutes fixed asset items. The tax reduction does not apply to the acquisition of tourist vehicles within the meaning of Article L. 421-2 of the French Tax Code for goods and services that are not strictly essential to the operator’s business. The conditions for the application of the previous sentence are set by order of the Minister for the Budget and the Minister for Overseas France.
The tax reduction provided for in the first paragraph also applies to investments allocated for more than five years by the concessionaire to the operation of a local public service concession of an industrial and commercial nature carried out, in eligible sectors. The tax reduction provided for in the first paragraph does not apply to investments relating to electricity production facilities using the radiative energy of the sun.
The tax reduction is 38.25% of the amount, excluding tax and excluding costs of any kind, in particular acquisition commissions, with the exception of transport, installation and commissioning costs that can be amortised, of the productive investments, less the proportion of their cost price financed by public aid and, where the purpose of the investment is to replace an investment that has benefited from one of the schemes defined in this article or in articles 217 undecies , 244 quater W or 244 quater Y, the actual value of the investment replaced. Investment projects involving the acquisition, installation or operation of renewable energy production equipment are taken into account within the limit of an amount per watt installed set by joint order of the ministers responsible for the budget, overseas territories and energy for each type of equipment. This amount takes into account the acquisition and installation costs directly linked to this equipment. The rate of tax reduction is increased to 45.9% for investments made in French Guiana and Mayotte within the limits defined by Community rules on State aid, in Saint-Pierre-et-Miquelon or in Wallis and Futuna. The aforementioned rates of 38.25% and 45.9% are increased to 45.9% and 53.55% respectively for investments made in the renewable energy production sector. The rate of the tax reduction is increased to 45.9% for renovation and refurbishment work on hotels, tourist residences and classified holiday villages carried out in Saint-Martin, French Polynesia, the Wallis and Futuna Islands, the French Southern and Antarctic Lands, Saint-Pierre-et-Miquelon and New Caledonia.
The rate of the tax reduction is increased to 53.55% for renovation and refurbishment work on hotels, tourist residences and classified holiday villages in the French overseas departments. The benefit of this measure is granted to the operator when he takes charge of this work.
The provisions of the first paragraph apply to investments made, by a company subject to the tax regime provided for in Article 8, excluding joint ventures, or a grouping mentioned in articles 239 quater or 239 quater C, the shares of which are held directly, or through a single-member limited liability company, by taxpayers domiciled in France within the meaning of article 4 B. In this case, the tax reduction is applied by the partners or members in a proportion corresponding to their rights in the company or grouping.
The tax reduction provided for in the first paragraph is applied in respect of the year during which the investment is commissioned. However, in the case of the acquisition of a building to be constructed or the construction of a building, the tax reduction provided for in the first paragraph is applied in respect of the year during which the foundations are completed. If the building is not completed within two years of the date on which the foundations are completed, the tax reduction applied is reversed for the year in which this period expires. In the case of the renovation or refurbishment of hotels, tourist residences or classified holiday villages, the tax reduction is applied in respect of the year in which the work is completed.
When the amount of the tax reduction exceeds the tax owed by the taxpayer who made the investment, the balance may be carried forward, under the same conditions, against income tax for subsequent years up to and including the fifth year.
However, at the request of the taxpayer who, as part of the activity that gave rise to the right to a reduction, participates in the operation within the meaning of the provisions of 1° bis of I of the article 156, the unused portion may be repaid from the third year, up to a maximum of €100,000 per year or €300,000 per three-year period. This unused portion constitutes a claim on the State for the same amount. This claim is inalienable and non-transferable, except under the conditions set out in articles L. 313-23 to L. 313-35 of the Monetary and Financial Code.
If, within five years of its acquisition or creation, or during its normal period of use if this is less, or for at least seven years if its normal period of use is equal to or greater than seven years, the investment that gave entitlement to the tax reduction is sold or ceases to be used for the activity for which it was acquired or created, or if the purchaser ceases its activity, the tax reduction applied is reversed in respect of the year during which this event occurred. This period is extended to fifteen years for investments consisting of the construction, renovation or refurbishment of hotels, tourist residences or holiday villages. This period is extended to ten years for investments relating to new cruise ships with a maximum capacity of 400 passengers.
However, the tax reduction is not taken back when the assets that gave entitlement to the tax reduction are transferred as part of the transactions mentioned in articles 41 and 151 octies , in the second paragraph of I of article 151 octies A and in articles 210 A and 210 B, if the beneficiary of the transfer undertakes to retain these assets and to maintain their initial allocation during the portion of the retention period still to run. The undertaking is given in the deed recording the transfer or, failing this, in a private deed with certainty date, drawn up on this occasion. In the event of non-compliance with this undertaking, the beneficiary of the transfer must, in respect of the financial year during which this event occurred, add to its income a sum equal to three times the amount of the tax reduction to which the assets transferred gave entitlement.
Where the investment is made by a company or group referred to in the nineteenth and twenty-seventh paragraphs, the partners or members must also hold the units or shares in this company or group for a period of five years from the completion of the investment or for the normal period of use of the investment, whichever is the shorter. If they fail to do so, the tax reduction they have claimed is written back in respect of the year in which the investment is sold. The amounts of this write-back and this increase are reduced, where applicable, in proportion to their rights in the company or grouping, by the write-backs and increases already made pursuant to the provisions of the twenty-third paragraph.
The tax reduction provided for in this I applies to productive investments made available to a company under a leasing contract if the conditions mentioned in the fifteenth to eighteenth paragraphs of the I of Article 217 undecies are met and if 66% of the tax reduction is passed on to the lessee company in the form of a reduction in the rent and the price of the sale of the asset to the operator. This rate is reduced to 56% for investments where the amount per programme is less than €300,000 per operator. If, within five years of the leased property being made available, or during its normal period of use if this is shorter, one of the conditions referred to in this paragraph ceases to be met, the tax reduction applied is reversed for the year in which this event occurs. If the lessee ceases its activity within the period referred to in the third sentence, the tax reduction is reversed for three quarters of the amount of the tax reduction. The reversal referred to in the third sentence is not carried out when, in the event of the failure of the lessee company, the assets which gave entitlement to the tax reduction are leased to a new company which undertakes to maintain them in the activity for which they were acquired or created during the part of the five-year period still to run under the conditions set out in this paragraph. The granting of the tax reduction provided for in the first paragraph is subject to compliance by the companies making the investment and, where applicable, the operating companies with their tax and social security obligations and the obligation to file their annual accounts in accordance with the procedures provided for in Articles L. 232-21 to L. 232-23 of the French Commercial Code on the date the investment is made. Employers are deemed to be up to date with their tax and social security obligations if, on the one hand, they have signed up to and are complying with a payment plan for outstanding contributions and, on the other hand, they are paying current contributions on their normal due date. For the application of the first sentence in New Caledonia and French Polynesia, the references to the provisions of the French Commercial Code are replaced by the provisions set out in the regulations applicable locally.
The tax reduction provided for in this I applies, under the conditions set out in the twenty-sixth paragraph, to investments made by a company that is automatically subject to corporation tax, the shares of which are held entirely and directly by individual taxpayers who are domiciled in France within the meaning of Article 4 B. In this case, the tax reduction is applied by the shareholders in a proportion corresponding to their rights in the company. Application of this provision is subject to compliance with the following conditions:
1° The investments have received prior approval from the Minister responsible for the budget under the conditions set out in III of Article 217 undecies;
2° The investments are made available to a company under a leasing agreement that complies with the conditions set out in the fifteenth to eighteenth paragraphs of I of Article 217 undecies and 66% of the tax reduction is retroceded to the lessee company in the form of a reduction in the rent and the price at which the property is sold to the operator. The provisions of the thirty-third paragraph are applicable;
3° The sole purpose of the company making the investment is to acquire productive investments with a view to leasing them to a company located in the overseas departments or collectivities.
The individual shareholders mentioned in the twenty-seventh paragraph may not benefit, for the subscription to the capital of the company mentioned in the same paragraph, from the tax reductions provided for in Articles 199 undecies A, 199 terdecies-0 A or 199 terdecies-0 AB and the company mentioned in the twenty-seventh paragraph may not benefit from the provisions provided for in Article 217 undecies.
The 11th of Article 150-0 D does not apply to capital losses incurred by the taxpayers mentioned in the twenty-seventh paragraph on the disposal of shares in the companies mentioned in that same paragraph. 2° of 3 of article 158 does not apply to income distributed by these companies.
For investments whose normal period of use is equal to or greater than seven years, and which are leased under the conditions provided for in the twenty-sixth paragraph, the tax reduction provided for is applicable when the lessee company makes a commitment to actually use these investments for at least seven years in the context of the activity for which they were acquired or created. This commitment is extended to fifteen years for investments consisting of the construction, renovation or refurbishment of hotels, tourist residences or holiday villages. This period is extended to ten years for investments relating to new cruise ships with a maximum capacity of 400 passengers.
When the tax reduction referred to in this I is acquired under the conditions set out in the twenty-sixth and twenty-ninth paragraphs and the fraction of the tax reduction passed on to the lessee company is 66%, the rates of 38.25% and 45.9% mentioned in the seventeenth paragraph are increased to 45.3% and 54.36% respectively and the rates of 45.9% and 53.55% mentioned in the fifth sentence of the same paragraph are increased to 54.36% and 63.42% respectively. Under the same conditions, the rate of 53.55% mentioned in the eighteenth paragraph is increased to 63.42%.
When the tax reduction referred to in this I is acquired under the conditions set out in the twenty-sixth paragraph and the fraction of the tax reduction passed on to the lessee company is 56%, the rates of 38.25% and 45.9% referred to in the seventeenth paragraph are increased to 44.12% and 52.95% respectively and the rates of 45.9% and 53.55% referred to in the fifth sentence of the same paragraph are increased to 52.95% and 61.77% respectively. Under the same conditions, the rate of 53.55% referred to in the eighteenth paragraph is increased to 61.77%.
I bis.-For investments made in the air or sea transport sector, the benefit of the tax reduction provided for in I is subject to compliance with the following conditions:
1° The investments are operated exclusively on routes to or from Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte, French Polynesia, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands or New Caledonia. These territories must not constitute a mere stopover;
2° Investment maintenance activities are carried out in one of the territories mentioned in 1° of this I bis.
I ter. – I applies to equipment and operations for laying submarine communication cables serving Guadeloupe, French Guiana, Martinique, Reunion Island, Mayotte, French Polynesia, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands, New Caledonia or the French Southern and Antarctic Lands for the first time when, among the technical options available for developing overseas communication systems, the choice of this technology appears to be the most relevant.
The benefit of these provisions is subject to compliance with the following conditions:
a) The investments referred to in the first paragraph must have received prior approval from the minister responsible for the budget and meet the conditions set out in a to d and in the last paragraph of 1 of III of Article 217 undecies;
b) The suppliers of the eligible investments have been chosen following a competitive tendering procedure prior to the submission of the application for approval and which has been advertised ;
c) When applying for the authorisation referred to in a) above, the operating company is required to inform the tax authorities of the technical and financial conditions under which electronic communications operators registered with the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse may, at their request, access the capacity offered by the submarine cable from or to the community served. The fairness of these conditions and their development shall be assessed by the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse in the forms and under the conditions provided for in Article L. 36-8 of the French Post and Electronic Communications Code.
The eligible base for the tax reduction is equal to half of the cost price excluding tax and excluding expenses of any kind, in particular acquisition commissions, with the exception of transport costs for this equipment and operations, less the amount of public aid granted to finance them. The rate of tax reduction is 38%. The amount of tax aid may be reduced by up to half, taking into account the operating company’s financing requirements for the project and the impact of the aid on tariffs. By way of derogation from the present I ter, I also applies to equipment and operations for laying emergency submarine cables serving Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte, French Polynesia, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands, New Caledonia or the French Southern and Antarctic Lands when they comply with the conditions set out in a, b and c. The eligible base for the tax reduction is equal to one quarter of the cost price excluding tax and excluding all types of costs, in particular acquisition commissions, with the exception of transport costs for this equipment and operations, less the amount of public aid granted for their financing.
I quater.-Notwithstanding h of I of this article, the same I applies to new cruise ships with a maximum capacity of 400 passengers assigned to regional cruises departing from and arriving at ports in Guadeloupe, French Guiana, Martinique, Reunion Island, Mayotte, French Polynesia, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands or New Caledonia.
The benefit of the tax reduction provided for in the first paragraph of the present I quater is subject to compliance with the following conditions:
1° The investments mentioned in the same first paragraph must have received the prior approval of the minister responsible for the budget and meet the conditions set out in a to d and in the last paragraph of 1 of III of article 217 undecies;
2° The suppliers of the eligible investments have been chosen following a competitive tendering procedure prior to the submission of the application for approval and have been advertised;
3° The vessel sails under the flag of a Member State of the European Union or another State party to the Agreement on the European Economic Area that has signed an administrative assistance agreement with France to combat tax evasion and avoidance;
4° The operating company has a subsidiary in one of the territories mentioned in the first paragraph of this Ic.
5° The annual volume of the vessel’s operations includes at least 90% of liner heads departing from and arriving at a port in Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte, French Polynesia, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands or New Caledonia. At least 75% of the calls during the ship’s itinerary must be made in one of the ports of the above-mentioned collectivities, this ratio being assessed both in terms of number and duration.
The eligible base for the reduction is the total number of calls made during the ship’s itinerary.
The eligible base for the tax reduction is equal to 20% of the cost price, excluding tax and excluding costs of any kind, in particular acquisition commissions and transport costs for these vessels, less the amount of public aid granted to finance them and, where the purpose of the investment is to replace an investment that has benefited from one of the schemes defined in this article or in articles 217 undecies, 244 quater W or 244 quater Y, less the actual value of the investment replaced. The tax reduction rate is 35%.
II. – 1. The investments mentioned in I, the total amount of which per programme is greater than €1,000,000, may only give rise to a reduction if they have received prior approval from the Minister responsible for the budget under the conditions set out in III of Article 217 undecies.
The provisions of the first paragraph also apply to the investments mentioned in I, the total amount of which per programme is greater than €250,000, where the taxpayer does not participate in the operation within the meaning of the provisions of 1° bis of the I of Article 156. The €250,000 threshold is assessed at the level of the business, company or grouping which records the investment as an asset on its balance sheet or which leases it from a financial institution.
2. In order to be eligible for the reduction and notwithstanding the provisions of 1, the investments mentioned in I must have received prior approval from the Minister responsible for the budget under the conditions set out in III of Article 217 undecies when they are made in the transport, pleasure boating, agriculture, sea fishing and aquaculture sectors, the coal and steel industries, shipbuilding, synthetic fibres, the automotive industry or concerning the renovation and rehabilitation of hotels, tourist residences and classified holiday villages or companies in difficulty or which are necessary for the operation of a local public service concession of an industrial and commercial nature.
III. – Aid granted by French Polynesia, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands and New Caledonia as part of their own tax jurisdiction in respect of investment projects has no impact on the determination of the amount of eligible expenditure retained for the application of I, I ter and I quater.
IV. – A Conseil d’Etat decree specifies, where necessary, the terms and conditions for the application of I, I ter, I quater and II and in particular the reporting obligations.
V. – The benefit of the tax reduction provided for in I is subject, for investments made in overseas departments and Saint-Martin, to compliance with Article 14 of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market pursuant to Articles 107 and 108 of the Treaty.
VI. – This Article shall apply to investments brought into service until 31 December 2025 in Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint-Martin, and until 31 December 2025 in Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, Saint-Barthélemy and the Wallis and Futuna Islands, to hotel rehabilitation work completed by this date at the latest and to the acquisition of buildings to be constructed and the construction of buildings whose foundations are completed by this date at the latest.