The fraction of the capital gain or loss relating to the transfer between group companies of a fixed asset, acquired since the date on which it was entered on the balance sheet of the group company which made the first transfer, is not taken into account for the calculation of the profit or loss or of the overall net long-term capital gain or loss in respect of the financial year of that transfer. This provision also applies to the fraction, calculated under the conditions set out in the previous sentence, of the profit or loss relating to the transfer between group companies of portfolio securities excluded from the system of long-term capital gains or losses in accordance with article 219 and to the transfer of securities referred to in the fifth or sixth paragraph of a ter of the I of article 219 and included in the taxable profit or loss of the transferring company at the time of the transfer of these securities to another group company, as well as the fraction, calculated under the same conditions, of the overall profit or net long-term capital gain or loss relating to the transfer by a group company to an intermediate company, a foreign company or the non-resident parent entity of securities in another group company (1). A sum equal to the amount of the additional depreciation applied by the transferee company to a depreciable asset is added back to the overall result for each financial year; the same applies to the deferred depreciation in contravention of the provisions of article 39 B, when the asset is sold. The regime defined by these provisions is not applicable to contributions placed under the regime of article 210 A.
When an asset is sold outside the group or when a company that sold it or the company that owns it leaves the group, the parent company must include in the overall net long-term profit or capital gain or loss the profit or capital gain or loss that was not retained when it was realised. The same applies when a company whose securities have been sold to an intermediary company, a foreign company or the non-resident parent entity leaves the group or, up to the amount of the profit or capital gain or loss relating to the securities sold, when the securities are sold by an intermediary company, by a foreign company or by the non-resident parent entity to a company other than a group company, an intermediary company, a foreign company or the non-resident parent entity, of securities which have previously been the subject of a transfer to an intermediary company, a foreign company or the non-resident parent entity, of a company which remains in the group (1). This rule also applies in the event of a contribution of a depreciable fixed asset between companies in the group, where this contribution benefits from the provisions of Article 210 A.
Where a capital gain or loss relating to the disposal of equity interests has not been included in the overall net long-term capital gain or loss in respect of a financial year commencing before 1 January 2019, the share of costs and expenses provided for in the second paragraph of a quinquies of the I of Article 219 applies to the gross amount of capital gains on disposals relating to the same fixed asset securities when they are first disposed of during a financial year beginning on or after 1 January 2019 or when, as from that same financial year, the company that owns them, as the case may be, leaves the group or ceases to be an intermediate company, a foreign company or a non-resident parent entity. This amount is determined in accordance with the conditions set out in the second paragraph of this article.
The provisions of this article do not apply to the assets mentioned in 4 of the article 39.
