For the purposes of calculating the income tax due by companies that are dependent on or that control companies located outside France, profits indirectly transferred to the latter, either by increasing or decreasing purchase or sale prices, or by any other means, are incorporated into the results recorded in the accounts. The same procedure is applied to companies that are dependent on a company or group that also controls companies located outside France.
The condition of dependence or control is not required when the transfer is made with companies established in a foreign State or in a territory outside France whose tax regime is privileged within the meaning of the second paragraph of article 238 A or established or incorporated in an uncooperative State or territory within the meaning of article 238-0 A.
In the event of failure to respond to the request made pursuant to article L. 13 B of the Book of Tax Procedures or in the event of failure to produce or partial production of the documentation referred to in III of Article L. 13 AA and to Article L. 13 AB of the same book, the tax bases concerned by the request are assessed by the administration on the basis of the information available to it and in accordance with the adversarial procedure defined in articles L. 57 to L. 61 of the same book.
In the absence of precise information to make the rectifications provided for in the first, second and third paragraphs, taxable income is determined by comparison with that of similar businesses normally operated.