Par exception aux dispositions du premier alinéa du 5° du 1 de Article 39, the provision set aside to cover the costs of dismantling, removing installations or restoring a site, which result from a legal, regulatory or contractual obligation or a commitment by the company, and incurred or formalised either when the installation or site is acquired or brought into service, or during its use, is not deductible.To the extent of the costs borne directly by the company, this provision has as its counterpart the creation of a depreciable asset of an equivalent amount.Depreciation of this asset is calculated using the straight-line method and spread over the useful life of the site or facilities.
The provisions of the first paragraph do not apply to provisions intended to deal with gradual deterioration of the site resulting from its operation.
In the event of a revision of the estimate of the costs referred to in the first paragraph, the amount of the provision and the net book value of the counterpart asset are corrected accordingly.The depreciation of the counterpart asset is calculated, as from the financial year in which this revision occurs, on the basis of this corrected net book value. Where the provision is reduced by an amount greater than the net book value of the counterpart asset, the excess constitutes taxable income.
When all or part of the provision is used in accordance with its purpose in respect of a financial year, the provision is included in the profit or loss for that financial year.