The tax credit defined in article 220 octies is deducted from the corporation tax payable by the company in respect of the financial year during which the expenses defined in III of the same article were incurred. If the amount of the tax credit exceeds the tax due in respect of the said financial year, the excess is refunded.
The excess tax credit constitutes a claim on the State for the same amount in favour of the company. 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.
The authorisation referred to in the first paragraph of IV of Article 220 octies cannot be granted when all the legal, tax and social obligations are not met by the company wishing to benefit from the scheme.
The tax credit obtained in respect of expenditure relating to works that have not received, within a maximum period of twenty-four months from their fixation within the meaning of Article L. 213-1 du code de la propriété intellectuelle or the production of a digital multi-purpose musical disc, the definitive approval issued by the minister responsible for culture certifying that the conditions referred to in II of article 220 octies have been met is subject to a repayment.
Final approval is issued by the minister responsible for culture following the opinion of a committee of experts, whose operating procedures are specified by decree, on the basis of supporting documents, including in particular an accounting document certified by a chartered accountant indicating the final cost of the operations, the means of financing them and showing precisely the expenses incurred, as well as the final list of the names of non-permanent staff, technical companies and industries and specialist service providers, specifying their nationality.