As an exception to the provisions of article 38, where a life insurance contract has been taken out with an insurance company by a company on the life of a manager or a person playing a decisive role in the running of the business, the profit resulting from the compensation for the economic loss suffered by the company following the death may be distributed in equal shares over the year in which it is realised and over the following four years. In this case, the company staggers, in equal shares over the same years, the deduction of the total amount of premiums it has paid under these contracts and which have not previously been deducted from the company’s taxable results.
Sums whose taxation has been deferred pursuant to the preceding paragraph are deducted from the taxable profits for the financial year in which the business is sold or ceased.