1° The investments are made available to a business under a commercial leasing contract concluded for a period of at least five years or for the normal period of use of the leased asset, whichever is the shorter; 2° The investments are operated by the lessee company for the purpose of carrying out an activity that does not fall within one of the sectors listed in a to l of I of Article 199 undecies B, with the exception of the activities mentioned in I ter and I quater of the same Article 199 undecies B; For investments made in the tourism sector, the lessee company is responsible for the management of the investment. 3° The lessee company would have been able to benefit from the deduction provided for in Article 217 undecies if it had acquired the asset directly and was taxable in France. For the assessment of this condition, the turnover threshold provided for in the first sentence of the first paragraph of I of the same article 217 undecies is deemed to have been met regardless of the lessee company;
4° The company owning the investment operates in mainland France or in an overseas department within the meaning of I of Article 209; >
1° The acquisition of tourist vehicles within the meaning of Article L. 421-2 of the French Tax Code for goods and services that are not strictly essential to the activity of the lessee company; 2° Electricity production facilities using the sun’s radiative energy.
B.-The tax reduction provided for in A of this I also applies to renovation and refurbishment work on classified hotels, tourist residences and holiday villages where this work constitutes a fixed asset. C.-The tax reduction provided for in A of this I also applies to renovation and refurbishment work on classified hotels, tourist residences and holiday villages where this work constitutes a fixed asset. C.-The tax reduction provided for in A of this I also applies to investments allocated for more than five years by the concession-holder to the operation of a local public service concession of an industrial and commercial nature and carried out in eligible sectors.
For the purposes of this article, the references to restaurants where the manager or an employee holds the title of maître-restaurateur as defined in article L. 122-21 of the French Consumer Code, classified tourist restaurants and classified hotels provided for in I of article 199 undecies B are assessed in the light of the regulations specific to each overseas collectivity.
1° For investments made in the intermediate housing sector: > a) The housing is leased out to a third party. b) The housing units are sub-let to a company operating in a territory referred to in the first paragraph of 1 of the same A > c) The rent and the income of the tenant are set by the company mentioned in a) of this 1° for a period of at least five years. > d) A fraction, defined by decree, of the rent and the tenant’s income does not exceed ceilings set by decree. e)
2° For investments made in the social housing sector: a) Within twelve months of completion or acquisition, whichever is the later, and for a period of at least five years, the property is rented out on an unlet basis to a social housing organisation approved by the relevant public authority in accordance with local regulations. The transaction may take the form of a property finance lease; b) The dwellings are sub-leased for a period of at least five years. c) The amount of rent to be paid by the tenant is determined by the owner. > d) A minimum proportion, defined by decree, of the rent payable by the individuals referred to in b of this 2° may not exceed e) A fraction, defined by decree, of the cost price of a set of investments reported simultaneously to the Minister responsible for the budget under the conditions set out in VI corresponds to expenditure incurred for the acquisition of renewable energy production equipment, appliances using a renewable energy source or insulation materials. A joint order from the ministers responsible for the budget, ecology, energy, sustainable development and overseas departments and territories sets the nature of the equipment expenditure concerned; f) > g) At the end of the investment period, the tax reduction applied to the investment and the
3° For housing units covered by a lease-to-own contract: a) The company signs a contract with a local authority to buy the property. b) A fraction, defined by decree, of the cost price of a set of investments notified simultaneously to the minister responsible for the budget under the conditions set out in VI corresponds to expenditure incurred for the acquisition of renewable energy production equipment, appliances using a renewable energy source or insulation materials. A joint order from the ministers responsible for the budget, ecology, energy, sustainable development and overseas departments and territories sets out the nature of the equipment expenditure concerned; c) The tax reduction applied to the acquisition or construction of the property is transferred back to the individual signing the contract referred to in a) of this 3° in the form of a reduction in the fee provided for in the lease-to-own contract and in the sale price of the property. II.-A.-The tax reduction applies to demolition work prior to the construction of the housing mentioned in 2° of this D when the foundations of the building are completed within two years of the date on which the demolition work is completed.
B.-1. The tax reduction also applies to cash subscriptions made by companies subject to corporation tax, to the capital of:
1° Sociétés de développement régional des collectivités d’outre-mer et de Nouvelle-Calédonie;
2° Companies making productive investments in the overseas collectivities and New Caledonia; > > 4° Companies allocated exclusively to the operation of a local public service concession in the overseas collectivities and New Caledonia >.
1° The companies benefiting from the subscriptions would be subject to corporation tax ipso jure or by option if they were taxable in France and if they carried out their business exclusively in overseas France, in the sectors of activity eligible under A to D of I; > The original value of the subscriptions is the value of the capital invested in the company. 3° 80% of the tax advantage provided by the tax reduction applied in respect of the subscription and by the deduction of the deficit arising from the capital loss realised on the sale of the securities received at the time of the subscription are retroceded to the company receiving the subscriptions in the form of a reduction in the sale price of the securities subscribed. III.-A.-1. For the subscriptions mentioned in B.
2. Aid granted by New Caledonia, French Polynesia, Wallis and Futuna, Saint-Martin, Saint-Barthélemy and Saint-Pierre-et-Miquelon in the context of their own tax jurisdiction in respect of investment projects has no impact on the determination of the amount of eligible expenditure retained for the application of this article, with the exception of the investments mentioned in C of this III. > B.-For projects involving the development of new businesses, the tax reduction base is reduced by the actual value of the investment replaced. B.-For projects involving the development of new businesses, the tax reduction base is reduced by the actual value of the investment replaced.
C.-For equipment and operations to lay submarine communication cables mentioned in I ter of Article 199 undecies B serving French Polynesia, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, the Wallis and Futuna Islands, New Caledonia or the French Southern and Antarctic Lands for the first time, the tax reduction base is equal to half the cost price determined in application of 1 of A of this III and reduced by the amount of public aid granted to finance them.
For the emergency cable installation equipment and operations mentioned in the last paragraph of I ter of article 199 undecies B, the tax reduction base is equal to one quarter of the cost price determined in application of 1 of A of this III and reduced by the amount of public aid granted for their financing. For the application of this C, the tax reduction base is equal to one quarter of the cost price determined in application of 1 of A of this III and reduced by the amount of public aid granted for their financing. D.-For the investments mentioned above, the amount of tax aid may be reduced by up to half, taking into account the financing requirements of the operating company for the implementation of this project and the impact of the aid on tariffs. E.-(Repealed)
F.-For the dwellings mentioned in D of I, the tax reduction is based on the cost price of the dwellings, less, on the one hand, the taxes and acquisition commissions paid and, on the other hand, the public aid received. This amount is retained within the limit mentioned above. A decree will specify the nature of the sums deducted.
For the demolition work mentioned in 4° of D of I, the tax reduction is based on the cost price of the demolition work, less, on the one hand, the taxes paid and, on the other hand, the public aid received for this work. This amount is subject to a ceiling of €25,000 per dwelling demolished. IV.
V.-1. The tax reduction provided for in I is granted in respect of the financial year in which the investment is commissioned. >.
1° Where the investment consists of the acquisition of a building to be constructed or the construction of a building, the tax reduction is granted in respect of the financial year during which the foundations are completed; In the case of demolition, renovation or renovation work, the tax reduction is granted in respect of the financial year during which the foundations are completed.
2° In the case of building renovation or refurbishment, the tax reduction is granted in respect of the financial year during which the work was completed; > In the case of capital subscriptions, the tax reduction is granted in respect of the financial year during which the work was completed VI. VII.-A.-The tax reduction for investments made by companies and groupings mentioned in A of II of this article, and in III of article 217 undecies, is conditional on obtaining prior approval issued by the minister responsible for the budget under the conditions set out in the same III. If, within the period referred to in the first paragraph, the lessee is required to make a commitment to use the investment for the activity for which it was acquired or created. However, the reinstatement of the tax reduction for the financial year or the year during which the aforementioned events occur is not subject to the conditions set out in I. .
1° Where the assets giving entitlement to the tax reduction are transferred as part of the transactions referred to in Articles 210 A or 210 B, if the beneficiary of the transfer undertakes to continue to operate the assets in an overseas collectivity or in New Caledonia as part of an eligible business during the remainder of the retention period.
2° Where, in the event of the operator’s bankruptcy, the assets that gave entitlement to the tax reduction are taken over by another company that undertakes to maintain them in the activity for which they were acquired or created during the remainder of the retention period. 1° The productive investments must be made by the companies receiving the subscriptions within twelve months of the subscription closing date. If this is not the case, the tax reduction from which the subscriber benefited will be reversed for the financial year in which the deadline expires;
2° The productive investments must be operated by the company benefiting from the subscriptions under the conditions set out in II above for a period of five years, calculated from the date of completion of the investment. This period is reduced to the normal period of use of the investment if this period is less than five years. If, within the period stipulated in the first sentence, the company receiving the subscriptions must make a commitment to use the investment effectively for at least seven years in the activity for which it was acquired or created. 3° In the event of the sale of all or part of the subscribed corporate rights within the period stipulated in the first paragraph of 2° of this B, the tax reduction from which the subscriber benefited is reversed in respect of the financial year during which the sale took place.
C.-1. Where the investment takes the form of the construction of a building or the acquisition of a building to be constructed, the building must be completed within two years of the date on which the foundations are completed. In the case of a subscription earmarked in whole or in part for the construction of a building, the building must be completed within two years of the date on which the foundations are completed. Otherwise, the tax reduction will not apply. . However, the tax reduction is reversed for the year in which one of the conditions set out in D of I is no longer met. D.-Shareholders or members of a company or organisation that is a member of a group of companies or organisations that are not members of a group of companies or organisations that are not members of a group of companies or organisations. Failing this, the tax reduction will not apply to the investment made in the housing sector.
E.-The tax reduction provided for in this article is subject to compliance by the companies making the investment and by the operating companies with their tax and social security obligations and the obligation to file their annual accounts in accordance with the procedures provided for in Articles L. 232-21 to L. 232-23 of the French Commercial Code on the date of the event giving rise to the tax benefit as defined in V of this article. For the application of this paragraph, references to the provisions of the code de commerce shall be assessed with regard to the regulations specific to each overseas collectivity or New Caledonia.
Employers are considered to be up to date with their tax and social security obligations if, on the one hand, they have signed up to and are complying with a payment plan for outstanding contributions and, on the other hand, they are paying current contributions on their normal due date. VIII. IX.-The benefit of the tax reduction provided for in A to C and 1° and 3° of D of I of this article is subject, for investments made in Saint-Martin, to compliance with Article 14 of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market pursuant to Articles 107 and 108 of the Treaty.
The benefit of the tax reduction provided for in 2° of D of I is subject, for investments made in Saint-Martin, to compliance with Commission Decision 2012/21/EU of 20 December 2011 on the application of Article 106(2) of the Treaty on the Functioning of the European Union to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest.
X.-A.-This article will apply to investments made until 31 December 2025.
B.-A decree sets out the conditions for the application of this article.
For investments made in the air or sea transport sector, the tax credit applies subject to compliance with the conditions set out in I bis of Article 199 undecies B. For investments relating to equipment and operations for laying submarine communication or emergency cables mentioned in I ter of the same article 199 undecies B, the tax credit applies subject to compliance with the conditions set out in the same I ter. For investments relating to cruise ships referred to in I quater of Article 199 undecies B, the tax credit applies subject to compliance with the conditions set out in the same I quater;
5° 80% of the tax advantage provided by the tax reduction applied to the investment and by the deduction of the deficit arising from the rental of the property acquired and the capital loss realised on the sale of this property or the shares in the lessor company are passed back to the lessee company in the form of a reduction in the rent and the sale price of the property.
2. The tax reduction does not apply to investments relating to:
D.-The tax reduction provided for in A of this I also applies to the purchase or construction of new rental housing located in Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia, Saint-Martin, Saint-Barthélemy and the Wallis and Futuna Islands, where the following conditions are met:
a) The housing units are let on an unlet basis, within twelve months of their completion or acquisition if this is later, and for a period of at least five years, to a company operating in a territory referred to in the first paragraph of 1 of the same A;
b) The housing units are sublet, unfurnished or furnished, by the company mentioned in a) of this 1° for a period of at least five years to individuals who use them as their main residence;
c) The rent and the tenant’s income do not exceed ceilings set by decree;
d) A fraction, defined by decree, of the cost price of a set of investments reported simultaneously to the minister responsible for the budget under the conditions set out in VI corresponds to expenditure incurred for the acquisition of renewable energy production equipment, appliances using a renewable energy source or insulation materials. A joint order by the ministers responsible for the budget, ecology, energy, sustainable development and overseas departments and territories sets the nature of the equipment expenditure concerned;
e) 80% of the tax advantage provided by the tax reduction applied to the investment and by the deduction of the deficit arising from the rental of the property acquired and the capital loss realised on the sale of this property or of the shares in the lessor company are passed back to the lessee company in the form of a reduction in the rent and the sale price of the property;
b) The accommodation is sublet, unfurnished or furnished, by the organisation mentioned in a) of this 2°, for a period of at least five years, to individuals who use it as their main residence and whose income does not exceed ceilings set by decree according to the number of people who will be the main occupants of the accommodation and its location.
The accommodation may be specially adapted for the accommodation of people aged over 65 or disabled people who may be offered hotel services;
c) The amount of rent payable by the individuals referred to in b of this 2° may not exceed limits set by decree, depending in particular on the location of the accommodation;
f) 80% of the tax advantage provided by the tax reduction applied to the investment and by the deduction of the deficit arising from the letting of the property acquired and the capital loss realised on the sale of this property or the shares in the lessor company are passed back to the lessee social housing organisation in the form of a reduction in the rent and the sale price of the property;
g) At the end of the rental period referred to in a) of this 2°, the dwellings or the shares in the companies that own them are sold, under conditions, in particular in terms of price, defined by an agreement between the owner and the lessee at the latest when the lease is concluded, to the lessee or to individuals chosen by the lessee whose income for the year preceding that of first occupation of the property does not exceed ceilings set by decree according to the number of people intended to occupy the property on a principal basis and the location of the property;
a) Within twelve months of the completion of the building or its acquisition, whichever is the later, the company signs a lease-to-own contract with a natural person in accordance with the conditions laid down by the local regulations defining lease-to-own property ownership;
c) 80% of the tax advantage provided by the tax reduction applied to the acquisition or construction of the property is transferred back to the individual signing the contract referred to in a) of this 3° in the form of a reduction in the fee provided for in the lease-to-own contract and in the sale price of the property.
4° The tax reduction also applies to demolition work prior to the construction of the housing mentioned in 2° of this D when the foundations of the building are completed within two years of the date on which the demolition work is completed.
II.-A.-The tax reduction provided for in I of this article applies to investments made by a company subject to the tax regime provided for in article 8, excluding joint ventures, or a group mentioned in articles 239 quater or 239 quater C, the shares of which are held directly by companies subject to corporation tax. In this case, the tax reduction is applied by the partners or members in a proportion corresponding to their rights in the company or grouping.
3° Concession-holding companies making productive investments in the overseas collectivities and New Caledonia that have been allocated for more than five years by the concession-holding company to the operation of a local public service concession of an industrial and commercial nature;
4° Companies allocated exclusively to the acquisition or construction of new housing in the overseas collectivities and in New Caledonia when the exclusive activity of these companies is the rental of such housing under the conditions mentioned in 1° and 2° of D of I.
2. For the application of the present B:
2° The original value of the assets other than those required to carry out the activity giving entitlement to the tax reduction must not exceed 10% of the total amount of the company’s gross assets;
III.-A.-1. The tax reduction is based on the amount, excluding tax and excluding costs of any kind, in particular acquisition commissions, with the exception of transport, installation and commissioning costs that can be amortised, of the productive investments, less the proportion of their cost price financed by public aid.
For the subscriptions mentioned in B of II, the tax reduction is based on the total amount of cash subscriptions made.
B.-For investment projects involving the acquisition, installation or operation of renewable energy production equipment, this amount is taken into account within the limit of an amount per watt installed, set by joint order of the ministers responsible for the budget, energy, overseas territories and industry for each type of equipment. This amount takes into account the acquisition and installation costs directly linked to this equipment.
For the application of this C, the amount of tax aid may be reduced by up to half, taking into account the financing requirements of the operating company for the implementation of this project and the impact of the aid on tariffs.
D.-For the investments mentioned in I quater of article 199 undecies B, the tax reduction base is equal to 20% of the cost price determined in application of 1 of A of this III and reduced by the amount of public aid granted for their financing.
E.-(Repealed).
This amount is deducted from the limit referred to in Article 199 undecies A(5), assessed per square metre of living space.
A decree specifies the nature of the sums used to assess the cost price of the housing.
IV -The rate of the tax reduction is set at 35%.
2. However:
In the case of demolition work, the tax reduction is granted, for this work alone, in respect of the financial year in which it is completed;
3° In the case of subscriptions to the capital of companies under the conditions set out in B of II, the tax reduction is applied in respect of the financial year during which the funds were paid in. In the case of staggered payments, these are taken into account for each of the financial years in which they were made.
VI.-When the total amount per investment programme is greater than the threshold mentioned in the first paragraph of II quater of article 217 undecies, or the threshold mentioned in the second paragraph of the same II quater for investments made by the companies and groupings mentioned in A of II of this article, and in III of article 217 undecies, the benefit of the tax reduction is conditional on obtaining prior approval issued by the minister responsible for the budget under the conditions set out in the same III.
VII.-A.-The investment giving entitlement to the tax reduction must be operated by the lessee company under the conditions set out in I of this article for a period of five years, calculated from the date of completion of the said investment. This period is reduced to the normal period of use of the investment if this period is less than five years.
For investments with a normal useful life of at least seven years, the lessee company must undertake to actually use the investment for at least seven years in connection with the activity for which it was acquired or created. This commitment is increased to ten years for investments relating to new cruise ships with a maximum capacity of four hundred passengers and to fifteen years for investments consisting of the construction, renovation or refurbishment of hotels, tourist residences or holiday villages.
If, within the period referred to in the first paragraph of this A, the investment that gave entitlement to the tax reduction is sold or ceases to be allocated to the operation of the user company, or if the purchaser ceases its activity, or if one of the conditions set out in I ceases to be met, the tax reduction is reinstated for the financial year or the year during which the aforementioned events occur.
However, the tax reduction is not written back:
The commitment is made in the deed recording the transfer or, failing that, in a private deed with a date certain, drawn up on this occasion;
B.-For subscriptions to the capital of the companies referred to in B of II of this article:
For investments with a normal useful life of at least seven years, the company receiving the subscriptions must undertake to actually use the investment for at least seven years in the business for which it was acquired or created. This commitment is extended to ten years for investments in new cruise ships with a maximum capacity of four hundred passengers, and to fifteen years for investments consisting of the construction, renovation or refurbishment of hotels, tourist residences or holiday villages.
If this commitment or one of these conditions is not fulfilled within the period stipulated in the first paragraph of this 2°, the tax reduction from which the subscriber benefited will be reversed in respect of the financial year during which this event occurs.
These provisions do not apply if the fixed assets in question are included in a partial contribution of assets made under the terms of Article 210 B or if the company that owns them is the subject of a merger placed under the terms of Article 210 A, on condition that the company that is the beneficiary of the contribution or the absorbing company, as the case may be, meets the same business conditions and takes over, under the same conditions and penalties, the same commitments for the fraction of the period still to run;
These provisions do not apply where the company that owns the shares is transferred under the provisions of Articles 210 A and 210 B, if the company that becomes the owner of the shares meets the conditions required to benefit from this tax reduction and undertakes to retain the shares for the remainder of the retention period. The commitment is made in the deed recording the transfer or, failing that, by a private deed with certainty date, drawn up on this occasion.
Nor do these provisions apply where the securities that gave rise to the right to the tax reduction are contributed or exchanged as part of transactions subject to the provisions of the same Articles 210 A or 210 B, if the company retains the new securities that are substituted for the original securities, subject to the same conditions and penalties.
In the case of a subscription allocated in whole or in part to the construction of buildings intended for the exercise of an eligible activity, the company receiving the subscription must undertake to complete the foundations within two years of the closing of the subscription and to complete the building within two years of the date on which the foundations are completed.
If this is not the case, the tax reduction acquired in respect of this investment or subscription will be reclaimed in respect of the year in which the deadlines mentioned in the first two paragraphs of this 1 expire.
2. The tax reduction is reversed for the year in which one of the conditions set out in D of I is no longer met.
However, the tax reduction is not reversed if, in the event of the company or organisation going bankrupt, the housing units that gave entitlement to the tax reduction are taken over by another company or organisation that undertakes to rent out the housing units, under the conditions set out in the same D, for the fraction of the minimum rental period still to run.
D.-The partners or members of the companies or groupings mentioned in A of II must hold the shares in this company or grouping for a period of five years from the date of completion of the investment. This period is reduced to the normal period of use of the investment if this period is less than five years. For investments made in the housing sector in application of D of I, the partners or members of the companies or groupings mentioned in A of II retain all of their units or shares until the end of the rental period mentioned in a of 1° and 2° of D of I.
If they fail to do so, the tax reduction they have applied will be reversed in respect of the financial year during which the disposal took place.