Sole proprietorships subject to an actual taxation regime and the companies referred to in the second paragraph of article L. 223-1 of the French Commercial Code subject to income tax may set aside a provision for compliance expenditure in respect of financial years ending before 1 July 2009:
1° With food safety regulations, for those carrying on an industrial, commercial or craft business;
2° With health, safety, fire protection, anti-smoking, soundproofing or accessibility improvement regulations for disabled people, for those carrying on business in the hotels, cafés and restaurants sector, excluding non-tourist collective accommodation and collective catering activities.
The allocation to this provision is subject to the existence, at the end of the financial year, of a legal or regulatory obligation to comply as mentioned in the second or third paragraph. The amount of the provision corresponds to the estimated cost of compliance. The total amount of the provision at the end of a financial year may not exceed €15,000.
This provision must be used, at the latest at the end of the fifth financial year following the first annual allocation, for the commitment of compliance expenses mentioned in the second or third paragraph. When the provision is used in accordance with its purpose, the portion used in equal shares over the financial year in which the compliance expenditure is incurred and the following four financial years is taken to income. The amount not used by the end of the fifth financial year following the first annual allocation is fully included in the profit or loss for that year.
The benefit of the provision 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.