I.-Taxpayers domiciled in France within the meaning of Article 4 B benefit from a tax credit in respect of the forestry operations mentioned in II of this article that they carry out until 31 December 2027.
II.-The tax credit applies to
II.-The tax credit applies to:
1° To the purchase price of land in the nature of woods and forests or bare land to be afforested where the surface area of the management unit after acquisition is at least 4 hectares.
Where the land is acquired in the nature of woods and forests or bare land to be afforested where the surface area of the management unit after acquisition is at least 4 hectares.
Where the land is acquired as woodland and forest, the taxpayer undertakes to conserve it for fifteen years and to apply, for the same period, a simple management plan approved by the regional forestry property centre. If, at the time of acquisition, no simple management plan has been approved for the forest in question, the taxpayer undertakes to have one approved within three years of the date of acquisition and to apply it for fifteen years. In this situation, the taxpayer also undertakes to apply to the forest the system of normal exploitation, provided for by the decree of 28 June 1930 relating to the conditions of application of article 15 of the finance law of 16 April 1930, until the date of approval of the simple management plan for this forest. Where the land is acquired bare, the taxpayer undertakes to reforest it within three years, to maintain it thereafter for a period of fifteen years and to apply an approved simple management plan for the same period.
However, where the wooded land owned by the taxpayer is not reforested, the taxpayer undertakes to reforest it within three years, to maintain it thereafter for a period of fifteen years and to apply an approved simple management plan for the same period.
However, when the wooded land owned and acquired by the taxpayer does not meet the minimum surface area conditions set out in articles L. 122-4 and L. 312-1 of the French Forestry Code for having a simple management plan approved and applied to it, the owner applies to it another sustainable management document provided for in article L. 122-3 of the same code, under the same conditions as those set out in the second paragraph of this 1° for the case where a simple management plan can be applied;
2° Subscriptions or cash acquisitions of shares in forestry groupings that have undertaken to apply for fifteen years an approved simple management plan or a standard management regulation approved by the regional forestry property centre or, if at the time of subscription no simple management plan has been approved or no standard management regulation approved for the forest in question, to have one approved or approved within three years of the subscription date and to apply it for fifteen years. In this case, the group also undertakes to apply to the forest the normal management regime provided for by the aforementioned decree of 28 June 1930, until the date of approval of the simple management plan or the date of approval of the standard management regulations for this forest. The subscriber or purchaser undertakes to retain the shares until 31 December of the eighth year following the date of subscription;
3° Cash subscriptions to the initial capital or capital increases of forestry savings companies as defined in Article L. 214-121 of the French Monetary and Financial Code and cash acquisitions of shares in these companies, where the company and the subscriber or purchaser make the commitments mentioned in 2° of this II;
> 4° Expenditure on forestry work as defined in Article L. 214-121 of the French Monetary and Financial Code.
4° Expenditure on forestry work carried out on a property offering one of the guarantees of sustainable management provided for in articles L. 124-1 and L. 124-3 of the Forestry Code or benefiting from the presumption of guarantees of sustainable management provided for in article L. 124-2 of the same code if the owner has had a programme of felling and work approved by the Centre National de la Propriété Forestière, subject to the following two conditions:
a) The taxpayer takes the necessary steps to ensure that the work is carried out in accordance with the conditions set out in article L. 124-2 of the Forestry Code.
a) The taxpayer undertakes to maintain the property until 31 December of the eighth year following the year in which the work is carried out and to apply, for the same period, one of the sustainable management guarantees provided for in articles L. 124-1 and L. 124-3 of the said code or, if the owner has had a programme of felling and work approved by the Centre National de la Propriété Forestière, to comply with the conditions mentioned in article L. 124-2 of the same code in order to benefit from the presumption of sustainable management guarantees provided for in the same article L. 124-2;
b) The planting work is carried out in accordance with the following conditions
b) The planting work is carried out using forestry seeds and seedlings that comply with the requirements of the regional decrees relating to State aid for forestry investment issued in accordance with the regulatory part of the same code;
5° Forestry work expenses paid by a forestry group or a forestry savings company of which the taxpayer is a member or by a forestry economic and environmental interest group defined in articles L. 332-7 and L. 332-8 of the said code of which the taxpayer is a member, directly or indirectly through a forestry group or a forestry savings company, where the property of the forestry group or company on which the work is carried out offers one of the guarantees of sustainable management provided for in articles L. 124-1 and L. 124-3 of the same code, subject to the following three conditions:
a) The taxpayer undertakes to retain the shares in the group or company until 31 December of the fourth year following the year in which the work was carried out and, where applicable, the taxpayer, forestry group or forestry savings company undertakes to remain a member of the forestry economic and environmental interest group for the same period;
b) The taxpayer, group or company undertakes to conserve the plots of land that were the subject of the work giving entitlement to the tax credit until 31 December of the eighth year following the year in which the work was carried out and to apply, for the same period, one of the sustainable management guarantees provided for in the same articles L. 124-1 and L. 124-3;
c) The planting work is carried out using forest seeds and seedlings that comply with the requirements of regional decrees relating to State aid for forestry investment issued in accordance with the regulatory part of the same code;
6° To the contribution paid to an insurer by the taxpayer, by a forestry group or by a forestry savings company of which the taxpayer is a member for the subscription of an insurance contract covering in particular the risk of storm or fire and meeting the conditions laid down by decree.
The terms and conditions for the application of this II shall be laid down by decree.
III.-A.-The tax credit for the expenses mentioned in 1° to 3° of II is calculated on the basis of:
1° The purchase price as defined in 1° of II. Where the acquisition relates to land located in a mountain massif as defined in article 5 of law no. 85-30 of 9 January 1985 relating to the development and protection of mountain areas, it is calculated by adding to this base the price of acquisitions of land in the nature of woods and forests or bare land to be afforested made over the previous three years to form this unit and for which the purchaser makes the commitments mentioned in 1° of II of this article;
2° The acquisition or subscription price as defined in 2° of II;
3° A fraction equal to 60% of the acquisition or subscription price as defined in 3° of II;
B.-The tax credit in respect of the expenses mentioned in 4° and 5° of II is calculated on the basis of:
1° Expenditure paid as referred to in 4° of II;
> and
2° The fraction of the expenses paid mentioned in 5° of II corresponding to the rights held by the taxpayer in the group or company.
C.-The tax credit for the expenses mentioned in 6° of II is calculated on the basis of the insurance contribution mentioned in the same 6° and paid by the taxpayer or on the basis of the fraction of this contribution paid by the forestry group or the forestry savings company corresponding to the rights held by the taxpayer in the latter.
The tax credit is not calculated on the basis of the insurance contribution paid by the taxpayer.
The tax credit does not apply to the expenses mentioned in 4° and 5° of II or to the contribution mentioned in 6° of II paid as part of the use of sums taken from a forestry investment and insurance account provided for in Chapter II of Title V of Book III of the Forestry Code.
IV.-A.-The price of the contribution paid by the forestry group or the forestry savings company corresponds to the rights held by the taxpayer.
IV.-A.-The acquisition or subscription price and the fraction of the acquisition or subscription price mentioned in A of III are globally retained within the limit of €6,250 for a single, widowed or divorced person and €12,500 for a married couple or for partners linked by a civil solidarity pact subject to joint taxation.
B.-The expenses and the fraction of the acquisition or subscription price mentioned in A of III are globally retained within the limit of €6,250 for a single, widowed or divorced person and €12,500 for a married couple or for partners linked by a civil solidarity pact subject to joint taxation.
B.-Expenditure and the fraction of expenditure mentioned in B of III are deducted in total up to a limit of €6,250 for a single, widowed or divorced person and €12,500 for a married couple or for partners in a civil solidarity pact subject to joint taxation. Where they exceed this limit, the excess portion of these expenses is deducted:
1° For the four years following the year in which the work was paid for, up to the same limit;
> For the eight years following the year in which the work was paid for, up to the same limit
2° In respect of the eight years following the year in which the work was paid for in the event of a forestry claim for which the first paragraph of article 1398 applies, and up to the same limit.
C.-The expenses mentioned in C of III of this article are deducted up to a limit of €15 per insured hectare. Overall, they are deducted up to a limit of €6,250 for a single, widowed or divorced person and €12,500 for a married couple or for partners linked by a civil solidarity pact subject to joint taxation, provided that the taxpayer is able to present, at the request of the tax authorities, an insurance certificate certifying that the beneficiary’s woodland and forest property is covered against the risk of storms or fire.
V.-Public aid received for the purchase of woodland and forest products is deducted up to a limit of €1,500 per hectare, provided that the taxpayer is able to present, at the request of the tax authorities, an insurance certificate certifying that the beneficiary’s woodland and forest products are covered against the risk of storms or fire.
V.-Public aid received in respect of the acquisitions and subscriptions mentioned in 1° to 3° of II, the forestry work mentioned in 4° and 5° of II and the contribution mentioned in 6° of II are deducted from the basis for calculating the tax credit in respect of the same expenditure.
Public aid is deducted from the basis for calculating the tax credit in respect of the same expenditure.
Public aid is deducted from the basis for calculating the tax credit in respect of the same expenditure.
The deduction of public aid is made before the ceiling on expenditure stipulated in IV.
VI.-A.-The rate of the tax credit is 25%.
B.-This rate is increased to 25%.
B.-This rate is increased to 76% in respect of the contribution referred to in 6° of II.
VII.-The tax credit is calculated as follows
VII.-The tax credit is deducted from the tax due:
For the year in which the tax credit was granted, the following amounts are deducted
1° In respect of the year of acquisition of the land referred to in 1° of II and the year of acquisition or subscription of the units referred to in 2° and 3° of II;
In respect of the year of acquisition of the land referred to in 1° of II and the year of acquisition or subscription of the units referred to in 2° and 3° of II
2° In respect of the year of payment of the expenses mentioned in 4° and 5° of the said II. It may be deducted from the tax due in respect of the following four years or the following eight years in the event of a forestry claim, in application of 1° and 2° of B of IV;
3° In respect of the year of payment of the insurance contribution referred to in 6° of II.
If the amount of the tax credit exceeds the tax due in respect of the said year, the excess is refunded.
VIII.-The tax credit for the year of payment of the insurance contribution referred to in 6° of II.
VIII -The tax credit is reclaimed in the year in which the taxpayer, group or forestry savings company ceases to honour one of the commitments mentioned in II. The same applies in the event of the dissolution of the groups or companies concerned or if these companies fail to comply with articles L. 214-121 and L. 214-123 to L. 214-125 of the French Monetary and Financial Code.
However, the tax credit is not refunded in the year in which the taxpayer, the group or the forestry savings company ceases to comply with one of the commitments mentioned in II.
However, the tax credit is not taken back:
1° In the event of redundancy, invalidity corresponding to classification in the second or third of the categories set out in article L. 341-4 of the Social Security Code or the death of the taxpayer or one of the spouses or partners in a civil solidarity pact subject to joint taxation;
When the taxpayer, after a period of two years, is unable to pay the tax credit, the taxpayer is entitled to the tax credit.
2° When the taxpayer, after a minimum holding period of two years, transfers to a forestry group or a forestry savings company the land for which he/she has benefited from the tax credit, on condition that he/she undertakes to retain the company shares received in return for the holding period remaining at the date of the transfer;
3° In the event of a gift of the land or shares entitling the donor to the tax credit, on condition that the donees take over the commitments made by the donor for the period of ownership remaining on the date of the gift.
IX.
IX.-The benefit of the tax credit referred to in I is subject to compliance with Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.