I.-Building and public works companies, companies producing solid mineral substances, airport operators and ski lift and ski area operators subject to corporation tax or income tax under an actual system may deduct from their taxable income a sum equal to 40% of the original value, excluding financial costs, Non-road vehicles recorded as fixed assets that run on natural gas, electricity or hydrogen, as well as non-road vehicles that combine electric power with petrol or superethanol E85 and those that combine petrol with natural gas fuel or liquefied petroleum gas whose emissions are less than or equal to a value set by decree, which fall into one of the following categories:
1° Equipment and tooling used in industrial operations;
2° Handling equipment;
3° Engines installed in the equipment mentioned in 1° and 2°.
The deduction applies to the assets mentioned in 1° to 3° acquired when new from 1 January 2020 until 31 December 2022.
II.The deduction referred to in I applies to non-road mobile machinery recorded as fixed assets, the engine of which complies with the Stage V emission limits described in Annex II of Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements concerning emission limits for gaseous and particulate pollutants and type-approval for internal combustion engines to be installed in non-road mobile machinery, acquired new from 1 January 2020 until 31 December 2022 by building and public works companies subject to corporation tax or income tax under a real system to replace equipment more than five years old that they use for the same purpose.
III.
III – The deduction is spread on a straight-line basis over the normal useful life of the assets. If the asset is sold before the end of this period, the deduction is only earned by the company up to the amount already deducted from income on the date of sale, calculated pro rata temporis.
IV.A company that rents out a new property mentioned in I and II of this article under the conditions provided for in 1 of article L. 313-7 of the French Monetary and Financial Code under a leasing contract or a hire purchase contract entered into between 1 January 2020 and 31 December 2022, may deduct an amount equal to 40% of the original value of the new asset, excluding finance costs, at the time the contract is signed. This deduction is spread pro rata temporis over the normal period of use of the asset. If the lessor or lessee acquires the asset, it may continue to apply the deduction. The deduction ceases as from the sale or termination by the company of the leasing or hire-purchase contract or of the asset and cannot be applied to the new operator.
The company that gives the asset as a lease or hire-purchase contract can continue to apply the deduction.
The company that leases or rents the asset with a purchase option may not apply the deduction mentioned in the first paragraph of I.
V.-The benefit of the deduction referred to in the first paragraph of I.
V.-The benefit of the deduction referred to in the first paragraph of I.
V.-The benefit of the deduction is subject to compliance with Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid.
VI.-The deduction is increased to the amount of the de minimis aid.
VII.-For the purposes of VI, small and medium-sized enterprises mean those mentioned in Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty.