1. In companies operating either a newspaper or a monthly or fortnightly magazine devoted for the most part to political information, provisions made from profits made during the financial years 1951 to 1969, with a view to acquiring equipment, furniture and other assets necessary for the operation of the newspaper, or to cover expenditure likely to be charged to an account of start-up costs, shall be allowed as a deduction for tax purposes.
The same applies to expenditure incurred for the purposes indicated above by deduction from profits for the same period.
1 bis. The companies designated in 1 are authorised, at the close of each of the financial years 1970 to 1975, to set aside a provision for the acquisition of assets necessary for the operation of the newspaper, which is admitted free of tax up to a limit of:
90% of the profit for the financial year 1970,
80% of the profit for the financial year 1971,
60% for general publications and 80% for daily newspapers, of the profit for the financial years 1972 to 1975.
The assets referred to in the first to fourth paragraphs include only equipment, land, buildings and shareholdings in printing companies, insofar as they are necessary for the operation of the newspaper. Where necessary, a decree will set out the conditions for the application of this paragraph.
1 bis A. The companies designated in 1 are authorised to set aside tax-free, by deduction from the profits of the 1976 to 1979 financial years, a provision for the acquisition of assets strictly necessary for the operation of the newspaper, up to a limit of:
60% for general publications and 80% for dailies, of the profits of the 1976 and 1977 financial years,
50% for general publications and 70% for dailies, of the profits of the 1978 and 1979 financial years.
The assets designated in the first to third paragraphs refer solely to equipment, land, buildings and equity investments in printing companies, insofar as they are strictly necessary for the operation of the newspaper.
The exclusion of land and equity investments provided for in the last sentence of the first paragraph of 1 bis A bis is applicable for the use of the provision set aside under the first to third paragraphs.
1 bis A bis. The press companies mentioned in 1 are authorised to set up a tax-free provision, by deduction from the taxable profits for the financial years 1980 to 1996, exclusively allocated to the acquisition of equipment and buildings strictly necessary for the operation of the newspaper or to deduct from these profits the expenses incurred for the same purpose. In particular, the acquisition of land and shareholdings in companies are excluded from this provision.
The sums deducted or deducted pursuant to the first paragraph are limited to:
– 40% for general publications and 65% for daily newspapers of the profit for the 1980 financial year,
– 30% for general publications and 60% for daily newspapers of the profit for the 1981 to 1996 financial years.
1 bis B. For the application of 1 bis, 1 bis A and 1 bis A bis, publications with a departmental or regional circulation devoted mainly to political and general information, appearing at least once a week and whose selling price does not exceed that of the majority of daily newspapers by 75% are treated in the same way as daily newspapers. An order of the Minister of the Economy and Finance sets the conditions for this assimilation (1).
The provisions indicated in 1a and 1a A may only be used to finance two-thirds of the cost price of the items defined therein.
The companies designated in 1 may, within the same limits as those provided for in 1 bis and 1 bis A, deduct capital expenditure incurred with a view to the same purpose.
The two-thirds limit provided for in the previous two paragraphs does not apply to the daily newspapers or publications referred to in the first paragraph.
1 bis B bis. The sums deducted or withheld from taxable income pursuant to 1 bis A bis may only be used to finance a fraction of the cost price of the equipment and buildings defined therein. For items acquired by means of sums deducted or withheld from profits for the 1980 financial year, this fraction is equal to 55% for all publications and 90% for daily newspapers and assimilated publications as defined in the first paragraph of 1a B. These percentages are reduced to 40% and 80% respectively for items acquired by means of sums deducted or deducted from profits for the financial years 1981 to 1996.
1a C. For the purposes of determining profits for the 1975 and subsequent financial years, pornographic, perverse or violent publications appearing on a list drawn up, after consultation with the commission for the supervision and control of publications intended for children and young people, by an order of the Minister of the Interior shall be excluded from the benefit of the scheme provided for in 1 bis, 1 bis A and 1 bis A bis.
Complaints and appeals relating to decisions to include publications on the list shall be investigated by the Department of the Interior.
1 bis C bis. Press companies do not benefit from the regime provided for in 1 bis A and 1 bis A bis for the part of the publications they print outside a Member State of the European Community.
1 ter. Assets acquired using the profits or provisions mentioned in this article are depreciated for an amount equal to the fraction of the purchase or cost price that has been deducted from the said profits or provisions.
Without prejudice to the application of the provisions of the fifteenth paragraph of 5° of 1 of the article 39, provisions that have not been used for their intended purpose by the end of the fifth year following the year in which they were set aside are deducted from profits subject to tax in respect of that year.
2. Press companies allocated press assets, benefiting from one of the contracts provided for in article 9 of law no. 54-782 of 2 August 1954 or given possession of their assets by virtue of a dation in payment of compensation due as a result of the transfer, which employ journalists or non-journalist employees who have lost their jobs as a result of the suspension of press companies ordered in application of the decree of 30 September 1944, and which are not in one of the cases provided for in 1° and 2° of the article 20 of the aforementioned law of 2 August 1954, are authorised to deduct from their net profit, for tax purposes, the provisions made by them for the payment of compensation calculated taking into account the seniority acquired by these journalists and employees in the service of the former company, which they must pay in the event of the latter’s dismissal.