I. – Companies at least 75% of whose turnover is derived from the operation of ships used for commercial purposes may, by option, be subject to the regime defined in this article for the determination of taxable profits derived from the operation of these ships.
The option referred to in the first paragraph is valid provided that the company operates under the flag of a Member State of the European Union or of another State party to the Agreement on the European Economic Area a proportion of net tonnage at least equal to 25% and that it undertakes to maintain or increase, during the ten-year period referred to in III, the proportion of net tonnage that it operates under these flags on the opening date of the first financial year of the ten-year period covered by the option.
For companies that are members of a group referred to in Article 223 A, the proportion referred to in the second paragraph of this I is assessed with regard to the total net tonnage operated by the companies that are members of the group.
The following vessels are eligible for this scheme:
a. Which have a gross tonnage equal to or greater than 50 Universal Tonnage System (UMS) units;
b. Which are either fully owned or co-owned, with the exception of those given on a bareboat charter basis to companies that are not directly or indirectly related to them, within the meaning of 12 of the article 39, or to related companies that have not themselves opted for the scheme, are either bareboat or time chartered, or are taken on hire under the conditions provided for in 1 of Article L. 313-7 of the Monetary and Financial Code and as part of leasing transactions with a purchase option;
c. Which are assigned to the transport of persons or goods, to towing on the high seas, to salvage or other maritime assistance activities, to transport operations in connection with the exercise of any other activities necessarily provided at sea;
d. Whose strategic and commercial management is carried out from France;
e. And which have not been acquired, during the period of application of this scheme, from directly or indirectly related companies within the meaning of Article 39(12) which have not themselves opted for this scheme.
When the undertaking referred to in the second paragraph is not complied with in respect of a financial year, vessels not flying the flag of one of the Member States of the European Union or of another State party to the Agreement on the European Economic Area whose tonnage has led to a reduction in the proportion of net tonnage referred to in the same paragraph may not benefit from this scheme in respect of that financial year.
The provisions of the previous paragraph do not apply if one of the following conditions is met:
a) Vessels eligible for this scheme which fly the flag of one of the Member States of the European Union or of another State party to the Agreement on the European Economic Area represent in respect of the financial year more than 60% of the net tonnage of the fleet of eligible vessels;
b) The proportion, under the flag of a Member State of the European Union or of another State party to the Agreement on the European Economic Area, of the net tonnage of vessels eligible for this scheme has not decreased on average over the last three financial years, reduced where applicable to twelve months, in relation to the proportion of net tonnage referred to in the second paragraph of I;
c) (Repealed).
II. – The taxable income from operations directly linked to the operation of eligible vessels is determined by applying to each of these vessels, per day and per net tonnage bracket of 100 units of the Universal Tonnage System (UMS), the following scale:
TONNAGE |
Up to 1,000 |
From 1,000 to 10,000 |
From 10,000 to 25,000 |
Over 25,000 |
Amount |
0.93 |
0.71 |
0.47 |
0.24 |
For the application of the first paragraph, the net tonnage of each vessel is rounded up to the nearest hundred.
The scale also applies during periods when the vessels are unavailable.
The taxable result resulting from the application of this scale is increased by the amount of:
a. Debt waivers, subsidies and gifts granted by directly or indirectly affiliated companies within the meaning of Article 39(12) that have not themselves opted for this scheme;
b. The results of shareholdings in bodies mentioned in articles 8,8 quater, 239 quater, 239 quater B, 239 quater C and 239 quater D with the exception of the results of co-ownerships of ships subject to this regime;
c. Capital gains or losses arising from the disposal or revaluation of eligible vessels and the fixed assets allocated to their operation;
d. The reintegrations provided for in d of 3 of Article 210 A.
The capital gains and losses referred to in c are determined in accordance with the provisions of article 39 duodecies. For the application of these provisions, the taxable income resulting from the application of the scale is deemed to take into account the depreciation applied by the company.
The profit from operations that are not directly linked to the operation of eligible vessels is determined under the conditions of ordinary law. To determine this profit, interest charges are deducted in proportion to the gross book value of the assets used to carry out these operations compared to the gross book value of all the assets.
III. – The option provided for in I must be exercised at the latest in respect of a financial year ended or a tax period closed before 1st January 2005. For companies that were eligible before 1 January 2007 and have not opted in, the option provided for in I may be exercised at the latest in respect of a financial year ending or a tax period ending between 1 January 2007 and 1 January 2008. For companies that become eligible, for the first time, for this scheme in respect of a financial year ending on or after 1 January 2008, the option may be exercised at the latest in respect of the following financial year.
For companies that are members of a group referred to in article 223 A or article 223 A bis, this option is or remains valid only if it is exercised by all the companies that are members of the group that are likely to benefit from the scheme defined by this article. A company which has not opted under the conditions provided for in the first paragraph may, when it becomes a member of a group referred to in article 223 A or article 223 A bis whose member companies have exercised this option, opt in respect of the financial year in which it joins the group.
The option is made for an irrevocable period of ten years and is renewable at the end of this period.
IV. – The provisions of this article cease to apply as from the financial year or tax period in respect of which one of the following events occurs:
a. The company no longer owns or charters any eligible vessels;
b. The company no longer meets the minimum percentage of turnover derived from the operation of ships used for commercial purposes referred to in I;
c. The company having opted for this scheme becomes a member of a group referred to in Article 223 A or Article 223 A bis whose member companies likely to benefit from this scheme have not exercised this option;
d. One of the member companies of a group referred to in Article 223 A or Article 223 A bis which may benefit from this regime has not exercised the option provided for in III.
V. – In the event of withdrawal from this scheme in the cases provided for in IV, the profit or loss for the financial year or tax period in respect of which this scheme ceases to apply is increased by the benefit derived from this scheme, valued on a flat-rate basis at the sum of the profits having been determined in application of the scale mentioned in II.
In the event of the occurrence of one of the events mentioned in 2 of Article 221 before the end of the ten-year period provided for in III, with the exception of contributions and merger and demerger transactions placed under the regime provided for in Article 210 A, the profit or loss for the financial year in progress on the date of this event is increased by the sum defined in the first paragraph.
A decree sets out the terms and conditions of the option and the reporting obligations.