The profits mentioned in article 35 shall give rise to the collection of a levy at the rate provided for in the second paragraph of I of article 219 when they are made by taxpayers or companies, whatever their form, which do not have an establishment in France. By way of derogation, the rate is increased to 75% when the profits are made by these same taxpayers or companies when they are domiciled, established or incorporated outside France in a non-cooperative State or territory within the meaning of article 238-0 A other than those mentioned in 2° of 2 bis of the same article 238-0 A, unless they provide proof that the transactions to which these profits correspond mainly have a purpose and effect other than enabling them to be located in an uncooperative State or territory.
This levy is paid to the tax department under the conditions and within the time limits set out in article 244 quater A.
It is payable exclusively by the transferor; it is established and collected in accordance with the same rules, under the same guarantees and subject to the same penalties as registration duties (1).
It releases taxpayers domiciled outside France for tax purposes within the meaning of article 4 B from the income tax due on the sums that have borne this levy.
It is deducted from the amount of corporation tax due by the transferor in respect of the year in which the profits were realised. For legal entities and organisations resident in a State of the European Union or in a State or territory that has entered into a tax treaty with France that contains a clause on administrative assistance in exchanging information and combating tax fraud and evasion and that is not non-cooperative within the meaning of Article 238-0 A, the excess of the levy over the tax due is refunded.
For the application of these provisions gifts inter vivos are not enforceable against the administration.