I.-The net income from holdings, giving entitlement to the application of the parent company regime and referred to in article 145, received during a financial year by a parent company, may be deducted from the latter’s total net income, after deduction of a share of costs and expenses.
The share of costs and expenses provided for in the first paragraph of this I is set at 5% of the total income from holdings, including the tax credit. This rate is set at 1% of this same income, including the tax credit, received:
1° By a company that is a member of a group mentioned in articles 223 A or 223 A bis by virtue of a holding in another company that is a member of that group;
2° By a company that is a member of a group mentioned in the same articles 223 A or 223 A bis in respect of a holding in a company subject to a tax equivalent to corporation tax in a Member State of the European Union or in another State party to the Agreement on the European Economic Area which has entered into an administrative assistance agreement with France to combat tax fraud and tax evasion which, if it were established in France, would meet the conditions for membership of this group, pursuant to the said articles 223 A or 223 A bis, other than that of being subject to corporation tax in France;
3° Or by a company that is not a member of a group by virtue of a holding in a company subject to a tax equivalent to corporation tax in a Member State of the European Union or in another State party to the Agreement on the European Economic Area that has entered into an administrative assistance agreement with France with a view to combating tax fraud and tax evasion, provided that these companies have met the conditions for forming a group, if the second company was established in France. This 3° does not apply where the first company is not a member of a group solely due to the absence of the options and agreements to be formulated pursuant to I and the first paragraph of III of Article 223 A and I of Article 223 A bis.
In the case referred to in the sixth paragraph of c of 1 of article 145, this I applies to the settlor’s share of profits determined under the conditions provided for in article 238 quater F corresponding to the net income from equity securities qualifying for the aforementioned parent company regime.
II.-(Repealed as from the determination of the results of the financial years opened as from 1 January 1993).
III.-(Expired).