I. – (1) Subject to the provisions of Articles 41,151 octies and 210 A to 210 C, the net amount of long-term capital gains is taxed separately at a rate of 12.8%.
It refers to the excess of these capital gains over capital losses of the same nature recorded during the same financial year.
However, this net amount is not taxable when it is used to offset the operating deficit for the financial year. The deficit thus cancelled may no longer be carried forward against the profits of subsequent financial years.
By way of derogation from the above provisions, taxation of the net long-term capital gain realised following the receipt of insurance compensation or the expropriation of buildings included in the assets is deferred for two years. However, if the company ceases trading, the capital gain in question is taxed immediately.
2. Any excess long-term capital losses may only be offset against long-term capital gains realised during the following ten financial years.
In the event of the liquidation of a company, the excess of long-term capital losses over long-term capital gains may be deducted from the profit for the year of liquidation within the limit of the ratio existing between the long-term capital gains tax rate applicable to the year in which the losses were realised and the normal rate provided for in the second paragraph of I of article 219 applicable to the year of liquidation.
II. – Repealed.