I. – Within the perimeter of the defence restructuring zones referred to in 1° of 3 ter of the article 42 of law no. 95-115 of 4 February 1995 d’orientation pour l’aménagement et le développement du territoire et dans les emprises foncières libérées par la réorganisation des unités militaires et des établissements du ministère de la défense et situées dans les communes définies au seul 2° du même 3 ter, taxpayers who create activities during a period of six years starting on the date of publication of the decree provided for in the last paragraph of the same 3 ter or, if this second date is later, on 1 January of the year preceding that in respect of which the territory or municipality is recognised as a defence restructuring zone by this decree, are exempt from income tax or corporation tax on profits from activities located in the defence restructuring zone and made until the end of the fifty-ninth month following the start of activity in this zone.
The benefit of the exemption is reserved for taxpayers carrying out an industrial, commercial or craft activity within the meaning of Article 34 and 5° of I of l’article 35, with the exception of equipment leasing and the leasing of buildings for residential or agricultural use within the meaning of article 63, under the conditions and within the limits set by this article. The exemption applies under the same conditions and limits to companies subject to corporation tax carrying on a non-commercial professional activity within the meaning of 1 of Article 92.
The exemption does not apply to the creation of a business in defence restructuring zones following the transfer of a business previously carried on by a taxpayer who benefited in respect of one or more of the five years preceding that of the transfer from articles 44 sexies, 44 sexies A, 44 septies, as it read prior to Finance Act No. 2021-1900 of 30 December 2021 for 2022, 44 octies, as it read prior to the same law, 44 octies A, 44 duodecies, 44 quindecies, 44 sexdecies and 44 septdecies, the regional planning bonus, the regional planning bonus for industry and services or the regional planning bonus for research, development and innovation.
The exemption does not apply to taxpayers who create an activity as part of a transfer, concentration or restructuring of pre-existing activities carried out in defence restructuring zones or who take over such activities, except for the time remaining, if the activity taken over or transferred benefits or has benefited from the exemption scheme provided for in this article.
When a taxpayer whose non-sedentary business is located in a defence restructuring zone but carried on in whole or in part outside that zone, the exemption applies if that taxpayer employs at least one full-time or equivalent sedentary employee carrying out his duties in the premises allocated to the business, or if that taxpayer generates at least 25% of his turnover from customers located in the zone.
The profits referred to in the first paragraph are subject to income tax or corporation tax for one third of their amount during the first twelve-month period following the exemption period and two thirds for the following twelve-month period.
II. – The profit exempted in respect of a tax year is that declared in accordance with the procedures set out in articles 50-0, 53 A, 96 to 100, 102b and 103, decreased by the following gross income which remains taxable under the conditions of ordinary law:
a) Income from shares in companies, profits or losses of companies or bodies subject to the regime provided for in article 8, where they do not derive from an activity carried out in a defence restructuring zone, and income from the sale of company shares;
b) Income corresponding to grants, donations and debt waivers ;
c) Income from receivables and financial transactions for the amount that exceeds the amount of financial expenses incurred during the same financial year or the same tax year if the taxpayer is not a credit institution or finance company referred to in article L. 511-1 of the Monetary and Financial Code;
d) Income from industrial and commercial property rights where these rights do not originate from the activity carried out in a defence restructuring zone.
When the taxpayer does not carry out all of its activity in the defence restructuring zones, the profits made are subject to income tax or corporation tax, under the conditions of ordinary law, in proportion to the amount, excluding tax, of the turnover or revenue made outside these zones.
As an exception to the sixth paragraph, a taxpayer carrying out a property rental activity is exempt only in respect of profits from properties located in a defence restructuring zone. This provision applies regardless of where the lessor is established.
The benefit of the exemption 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. However, at the option of companies carrying out the operations mentioned in I in a regional aid area, the benefit of the exemption is subject to compliance with Article 14 of 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.
The option mentioned in the eighth paragraph is irrevocable for the duration of the exemption. It must be exercised within six months of the transactions mentioned in I.
III. – Where the taxpayer referred to in I is a company that is a member of a tax group referred to in Article 223 A or Article 223 A bis, the exempted profit is that of that company determined in accordance with the conditions set out in II, within the limit of the group’s overall profit.
When meeting the conditions required to benefit from the provisions of one of the schemes provided for in articles 44 sexies, 44 sexies A, 44 octies A, 44 duodecies, 44 quindecies, 44 sexdecies or 44 septdecies and the scheme provided for in this article, the taxpayer may opt for the latter scheme within six months of starting business. The option is irrevocable.
IV. – The reporting obligations of the persons and organisations concerned by the exemption provided for in this article are set by decree.