Exempt from value added tax:
1. (Business or transactions subject to another tax):
1° to 3° (Repealed);
4° commodity futures transactions carried out on a regulated market excluding those which determine the termination of the commodity chain;
5° (Repealed).
2. (Agriculture and fisheries):
1° (Repealed);
2° (Repealed);
3° services provided as part of mutual aid between farmers defined by articles L. 325-1 to L. 325-3 of the rural and maritime fisheries code. This exemption may be extended to the overseas departments by decree of the Conseil d’Etat;
4° transactions carried out by fishermen and fishing boat owners, with the exception of freshwater fishermen, concerning the sale of products of their fishing (fish, crustaceans, shellfish fresh or preserved in a fresh state by a refrigeration process);
5° (Repealed).
3. (Used goods):
1° a. Subject, where applicable, to the provisions of 1° and 2° of III of Article 257, sales of used goods made by persons who have used them for the purposes of their businesses.
However, the exemption does not apply to goods which gave entitlement to full or partial deduction of value added tax at the time of their purchase, intra-Community acquisition, importation or self-delivery.
The provisions of the second paragraph do not apply either to goods sold to persons who have taken out a leasing or rental contract with a purchase option before 8 September 1989, or to vehicles intended for simple rental, entered in the assets of rental companies before 8 September 1989, if these vehicles are sold to persons other than second-hand goods dealers (Law no. 89-935 of 29 December 1989, art. 31 I 2 and 3);
b. (Obsolete provision);
2° (repealed)
4. (Liberal professions and miscellaneous activities) :
1° Care provided to persons by members of the regulated medical and paramedical professions, by pharmacists, by practitioners authorised to legally use the title of osteopath, chiropractor, psychologist or psychotherapist and by psychoanalysts holding one of the required diplomas, at the date of issue, to be recruited as a psychologist in the hospital civil service, as well as medical biology analysis work and supplies of dental prostheses by dentists and prosthetists ;
1° bis the cost of hospitalisation and treatment, including the cost of providing a single room, in private health establishments holding the authorisation mentioned in article L. 6122-1 of the Public Health Code;
1° ter care provided by private accommodation establishments for the elderly mentioned in 6° of I of article L. 312-1 of the Social Action and Family Code, covered by a global annual care package in application of article L. 174-7 of the Social Security Code;
2° deliveries, intermediation services and contract work involving human organs, blood and milk;
3° transport of sick or injured persons using vehicles specially equipped for this purpose carried out by persons referred to in Article L. 6312-2 of the Public Health Code;
4° a. the provision of services and the closely related supply of goods carried out as part of:
primary, secondary and higher education provided in public establishments and private establishments governed by articles L. 151-3, L. 212-2, L. 424-1 to L. 424-4, L. 441-1, L. 443-1 to L. 443-5 and L. 731-1 to L. 731-17 of the Education Code;
university education provided in public establishments and in the private establishments referred to in articles L. 613-7, L. 714-2 and L. 718-16 of the Education Code;
agricultural education and vocational training regulated by Law no. 60-791 of 2 August 1960 on agricultural education and vocational training;
continuing vocational training, as defined by the legislative and regulatory provisions governing it, provided either by public-law legal entities or by private-law entities holding a certificate issued by the competent administrative authority recognising that they meet the conditions laid down for carrying out their activity in the context of continuing vocational training.
A decree in the Conseil d’Etat lays down the conditions for the application of these provisions, in particular as regards the conditions for the issue and validity of the certificate;
distance primary, secondary, higher or technical education, provided by public bodies or private bodies governed by articles L. 444-1 to L. 444-11 of the Education Code, and subsequent texts;
b. Courses or lessons relating to school, university, vocational, artistic or sports education, given by natural persons who are remunerated directly by their pupils;
5° to 8° (Repealed);
8° bis The provision of services and the closely related supply of goods, carried out in the context of childcare by the establishments referred to in the first two paragraphs of Article L. 2324-1 du code de la santé publique et assurant l’accueil des enfants de moins de trois ans;
8° ter Les prestations de services réalisées par les mandataires judiciaires à la protection des majeurs au sens de l’article L. 471-2 of the Code de l’action sociale et des familles;
9° the provision of services and closely related supplies of goods provided to their members, in return for a contribution fixed in accordance with the articles of association, by legally constituted non-profit-making bodies whose management is disinterested and which pursue objectives of a philosophical, religious, political, patriotic, civic or trade union nature, insofar as these operations are directly related to the collective defence of the moral or material interests of the members; the provisions of c and d of 1° of 7 apply to these organisations;
10° The construction, fitting out, repair and maintenance of memorials, cemeteries or graves commemorating servicemen, heroes, victims or the dead of wars, carried out for public authorities and legally constituted organisations acting on a not-for-profit basis;
11° The provision of services and the supply of goods ancillary to these services, with the exception of passenger transport and telecommunications, which come under the universal postal service as defined by article L. 1 of the French Post and Electronic Communications Code, carried out by the universal postal service provider in France as designated in Article L. 2 of the same code.
5. (Real estate transactions):
1° Deliveries of land that is not building land within the meaning of 1° of 2 of I of Article 257;
2° Deliveries of buildings that have been completed for more than five years.
6. (Repealed).
7. (General interest organisations):
1° a. services of a social, educational, cultural or sporting nature rendered to their members by legally constituted organisations acting on a not-for-profit basis, and whose management is disinterested.
The same applies to sales granted to their members by these organisations, up to a limit of 10% of their total revenue.
However, the following remain subject to value added tax, subject to the provisions of b:
accommodation and catering operations;
the operation of bars and refreshment stands.
These provisions also apply to unions of associations that meet the above conditions, in their dealings with the members of the associations forming part of these unions;
b. transactions carried out for the benefit of all persons by non-profit-making organisations which are of a social or philanthropic nature and whose management is disinterested, where the prices charged have been approved by the public authority or where similar transactions are not commonly carried out at comparable prices by commercial undertakings, due in particular to the disinterested contribution of the members of these organisations or the public or private contributions from which they benefit.
The organisations mentioned in the first paragraph of 1 bis of article 206 and which meet the conditions, are also exempt for their other operations when the revenue collected relating to these operations did not exceed the amount of €76,679 during the previous calendar year.
The transactions mentioned in I of article 257 and transactions giving rise to the receipt of income from assets subject to the provisions of article 219 bis do not benefit from the exemption and are not taken into account when calculating the €76,679 limit.
When the limit of €76,679 is reached during the year, the organisation may no longer benefit from the exemption provided for in the second paragraph from the first day of the month following the month in which this limit was exceeded;
The limits mentioned in the second to penultimate paragraphs of this b are indexed, each year, to the forecast of the consumer price index, excluding tobacco, adopted in the Finance Bill for the year;
c. the receipts from six charity or support events organised during the year for their exclusive benefit by the organisations designated in a and b as well as by permanent social organisations of local authorities and companies;
d. the disinterested nature of the management results from the meeting of the following conditions:
The organisation must, in principle, be managed and administered on a voluntary basis by persons who themselves, or through an intermediary, have no direct or indirect interest in the results of the operation.
However, when an association governed by the law of 1st July 1901 relating to the contract of association, an association governed by the local law in force in the departments of Moselle, Bas-Rhin and Haut-Rhin, a foundation recognised as being in the public interest or a company foundation decides that the exercise of the functions vested in its directors justifies the payment of remuneration, the disinterested nature of its management is not called into question if its articles of association and operating procedures ensure its financial transparency, the regular and periodic election of its directors, the effective control of its management by its members and the appropriateness of the remuneration to the duties actually imposed on the directors concerned; this provision applies under the following conditions:
one of the bodies referred to in the third paragraph may remunerate one of its directors only if the annual amount of its resources, plus those of the bodies affiliated to it which meet the conditions allowing them to benefit from this provision, excluding resources derived from payments made by legal entities governed by public law, is greater than €200,000 on average over the three financial years preceding the one during which the remuneration is paid ;
such a body may remunerate two of its directors if the annual amount of its resources, plus those of the bodies affiliated to it which meet the conditions allowing them to benefit from this provision, excluding resources derived from payments made by legal entities governed by public law, is greater than €500,000, on average over the three financial years preceding the one during which the remuneration is paid ;
such a body may remunerate three of its directors if the annual amount of its resources, plus those of the bodies affiliated to it which meet the conditions allowing them to benefit from this provision, excluding resources derived from payments made by legal entities under public law, is greater than €1,000,000 on average over the three financial years preceding the one during which the remuneration is paid ;
such a body may pay remuneration under this provision only if its articles of association explicitly so provide and if a decision of its deliberative body has expressly so decided by a two-thirds majority of its members;
the amount of resources, where applicable excluding resources from payments made by legal entities governed by public law, is recorded by a statutory auditor;
the amount of all remuneration paid to each executive under this provision may in no case exceed three times the amount of the ceiling referred to in article L. 241-3 of the Social Security Code.
The condition of exclusion of resources derived from payments made by legal entities under public law mentioned in the fourth to sixth paragraphs of this d does not apply to youth and popular education associations which have been approved by the Minister responsible for youth whose governing body is made up of members whose average age is less than thirty and which decide to remunerate, within the limit of the ceiling mentioned in article L. 241-3 of the Social Security Code, for a maximum period of three years, renewable once, their leaders aged under thirty on the date of their election.
A decree in the Conseil d’Etat shall set the terms and conditions for the application of the preceding nine paragraphs;
the organisation must not make any direct or indirect distribution of profits, in any form whatsoever;
members of the organisation and their successors must not be able to be declared as beneficiaries of any share of the assets, subject to the right to take back contributions.
All the organisations concerned by a, b and c are placed under the real turnover regime; a decree in the Conseil d’Etat determines their obligations as well as the extent and terms of exercising their rights to deduction;
1° bis Operations carried out by intermediary associations under agreement, mentioned in article L. 5132-7 of the Labour Code, whose management is disinterested under the conditions set out in 1°;
1° ter The provision of services referred to in D of Article 278-0 bis and i of Article 279, carried out by associations approved under Article L. 7232-1 du code du travail ou autorisées en application de l’article L. 313-1 du code de l’action sociale et des familles, et dont la gestion est désintéressée au sens du d du 1° du présent 7, au profit des personnes physiques ou des familles mentionnés aux 1°, 6°, 7° et 16° du I de l’article L. 312-1 of the Code de l’action sociale et des familles, as well as for the benefit of the persons mentioned in 1° of Article L. 7232-1 of the Code du travail;
1° quater The provision of services and the closely related supply of goods, carried out in the living and reception facilities mentioned in III of Article L. 312-1 of the Social Action and Family Code, in accordance with their purpose;
2° (Repealed);
3° sales of articles manufactured by groups for the blind or disabled workers, approved under the conditions provided for by Law no. 72-616 of 5 July 1972, as well as repairs carried out by these groups. However, they may, at their request, waive the exemption under the conditions and in accordance with the procedures laid down by decree in the Conseil d’Etat;
4° (Repealed);
8. In the event of a disaster affecting the territory of a Member State of the European Union, by order of the Minister responsible for the budget issued after informing the committee set up under Article 398 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, the supply of goods and the provision of services related to such supplies, where the importation of such goods by the recipient of such supplies or by the contractor of such services would have been exempt pursuant to 2° bis of II of Article 291 of this code.
The order referred to in the first paragraph of this 8 may provide for the exemption to apply retroactively from the date on which the authorisation referred to in 2° bis of II of article 291 enters into force.
9. (Repealed).