I. Subject to what is stated in Article 238 octies, and by way of derogation from the provisions of 1 of Article 38, capital gains arising from the disposal during the course of business of fixed asset items and realised before the entry into force, under the conditions set by decree in the Conseil d’Etat (1), of the provisions of the articles 39 duodecies to 39 quindecies A, are not included in the taxable profit for the financial year during which they were made, if the taxpayer undertakes to reinvest in fixed assets in his company, before the expiry of a period of three years from the end of this financial year, a sum equal to the amount of these capital gains added to the cost price of the items sold. However, the re-investment thus provided for may not be made in the purchase of ingots of precious metals and gold coins, in the acquisition of movable or immovable property of a lavish nature, the list of which is set by decree (2), or in the purchase or subscription of shares in investment companies governed by Ordinance no. 45-2710 of 2 November 1945.
This commitment to reinvest must be appended to the income tax return for the financial year in which the capital gains were realised.
Profits made by companies on the occasion of the exclusive granting of licences to exploit patents may benefit from the above provisions where this grant relates to a patent that is a fixed asset within the meaning of these provisions and where it is granted until the expiry of the period of validity of this patent.
2. and 3. (Repealed).
4. If the reinvestment is made within the period provided for in 1, the capital gains deducted from the taxable profit are deemed to be allocated to the depreciation of the new fixed assets and are deducted from the cost price for the calculation of depreciation and capital gains realised subsequently.
If this is not the case, they are added back to the taxable profit for the financial year in which the above period expired.
5. and 6. (Repealed) (3).