Subject to the provisions of article 6, members of sociétés en nom collectif and general partners of sociétés en commandite simple are, where these companies have not opted for the tax regime applicable to sociétés de capitaux, personally subject to income tax on the share of company profits corresponding to their rights in the company. If ownership of all or part of the company shares is divided, the usufructuary is liable for income tax on the proportion of the company’s profits that corresponds to his rights as usufructuary. The bare owner is not subject to income tax on the income taxed in the name of the usufructuary.
The same applies, under the same conditions:
1° To members of non-trading companies which do not take, de jure or de facto, one of the forms of company referred to in 1 of article 206 and which, subject to the exceptions provided for in article 239 ter, do not engage in a business or operations referred to in articles 34 and 35;
2° Members of joint ventures-including financial syndicates-who are indefinitely liable and whose names and addresses have been provided to the administration;
3° Of the members of limited liability companies that have opted for the partnership tax regime under the conditions provided for in IV of article 3 of decree no. 55-594 of 20 May 1955 as amended or under those provided for in article 239 bis AA ;
4° Of the sole member of a limited liability company where that member is a natural person;
5° Of the sole member or members of a limited liability agricultural holding;
6° Members of sociétés anonymes, sociétés par actions simplifiées and sociétés à responsabilité limitée that have opted for the partnership tax regime under the conditions provided for in Article 239 bis AB;
7° Notwithstanding the provisions of 1°, members of the interprofessional outpatient care companies mentioned in Article L. 4041-1 of the Public Health Code.