The member of a société civile de placement immobilier, governed by articles L. 214-114 et seq. of the French Monetary and Financial Code, whose share of income is, pursuant to Article 8, subject in its own name to income tax in the property income category, may, by irrevocable option exercised when filing the income tax return for the year of subscription, make a deduction for depreciation. This deduction is equal to 6% for the first seven years and 4% for the following two years of 95% of the amount of the cash subscription to the initial capital or capital increases of this company made between 3 April 2003 and 31 December 2009. The amortisation period starts on the first day of the month following that of the subscription.
This deduction, which does not apply to income from securities whose ownership is split, is subject to the condition that 95% of the subscription is used exclusively to finance an investment for which the conditions for application of the deduction provided for in h or l of 1° of I of Article 31 are met. In addition, the company must undertake to let the property in accordance with the conditions and limits set out in h or l of 1° of I of the aforementioned article. The shareholder must undertake to retain all of his shares until the expiry of the commitment made by the company. All proceeds from the annual subscription must be invested within eighteen months of the end of the subscription period. The company may not benefit from the deduction provided for in j of 1° of the I of Article 31 during the period covered by the rental commitment.
As long as the conditions regarding the tenant’s rent and resources set out in the second paragraph of l of 1° of I of Article 31 remain met, the shareholder may, for periods of three years and for a maximum of six years, benefit from a depreciation deduction equal to 2.5% of 95% of the amount of the subscription. In the event of non-compliance with the rental conditions or the sale of the property or units, the deductions applied during the entire three-year period are called into question under the conditions of ordinary law.
A decree sets out the obligations incumbent on the members and companies mentioned in this article.