1. The profit to be included in the income tax base is made up of the excess of total revenue over the expenses required to carry on the profession. Subject to the provisions of article 151 sexies, it takes into account gains or losses arising either from the realisation of assets allocated to the practice of the profession, or from the sale of offices or positions, as well as any compensation received in return for ceasing to practice the profession or for the transfer of a clientele.
Deductible expenses include in particular:
1° The rent for professional premises. Where the taxpayer is the owner of premises allocated to the exercise of his profession, no deduction is made in this respect from taxable profits;
2° Depreciation carried out in accordance with the rules applicable to industrial and commercial profits;
3° Rent paid under a leasing or rental contract relating to passenger vehicles within the meaning of article L. 421-2 of the Goods and Services Tax Code, excluding the portion of the rent referred to in 4 de l’article 39;
4° Expenses incurred for bookkeeping and, where applicable, for membership of an approved association are not taken into account in determining taxable income when they are borne by the State as a result of the tax reduction mentioned in article 199 quater B ;
5° Expenses incurred with a view to obtaining a diploma or professional qualification with a view to professional integration or conversion by people earning an income from playing a sport ;
6° Rents paid under a leasing contract relating to a building, under the conditions and within the limits set out in 10 of Article 39;
7° Transfer duties paid free of charge by the heirs, donees or legatees of a holding, for the portion of the duties relating to that holding, and interest paid in application of the provisions of article 1717, for the same portion;
8° (Repealed)
The taxes provided for in articles 231 ter and 231 quater are not deductible from taxable profits.
1 bis. Civil servants who are authorised to provide their scientific assistance to a company that promotes their work under article L. 531-8 of the French Research Code may request that income from this activity be subject to income tax in accordance with the rules governing salaries and wages. This option is subject to the condition that the remuneration received is fully declared by the company that pays it.
The request must be sent to the tax department of the place of residence before 1st March of the year following the year in respect of which the tax is assessed. The option remains valid as long as it has not been expressly cancelled under the same conditions.
1 ter. General insurance agents and their sub-agents may request that the taxable income from commissions paid by the insurance companies they represent, in their capacity as such, be determined in accordance with the rules laid down for salaries and wages.
This regime is subject to the following conditions:
The commissions received must be declared in full by the third parties;
The persons concerned must not receive any other professional income, with the exception of brokerage and other ancillary remuneration directly related to the exercise of their profession;
The gross amount of such brokerage and ancillary remuneration must not exceed 10% of the gross amount of the commissions.
The request must be sent to the tax department of the place where the profession is practised before 1 March of the year in respect of which the tax is assessed. The option remains valid as long as it has not been expressly denounced under the same conditions.
Taxpayers who have requested the application of this system must attach to their annual tax return a statement giving a breakdown of the sums received according to the paying parties.
1 quater. When declared in full by third parties, copyright income received by authors of intellectual works mentioned in article L. 112-2 of the Intellectual Property Code are, without prejudice to Article 100 bis, subject to income tax according to the rules laid down for salaries and wages.
The flat-rate deduction of 10% for professional expenses, provided for in 3° of Article 83, applies to the gross amount of royalties received less contributions paid in respect of compulsory and supplementary compulsory social security schemes.
2. In the case of the granting of a licence to exploit a patent, or the transfer or granting of a manufacturing process or formula by the inventor himself, a deduction of 30% is applied to the proceeds of exploitation or to the sale price to take account of the costs incurred with a view to the realisation of the invention, where the actual costs have not already been allowed as a deduction for the determination of the taxable profit, unless the provisions of the second paragraph of I of article 93 quater are applied.
3 (Repealed).
4 (Transferred under article 93 quater II).
4 bis (Repealed).
5. For the application of 1, shares in sociétés civiles de moyens constitute items allocated to the exercise of the profession.
6. Assets acquired on expiry of the contracts referred to in III of article 93 quater constitute assets allocated to the exercise of the non-trading activity for the application of this article.
7. (Repealed).
8. At the express request of taxpayers subject to the controlled declaration regime who carry on a professional activity within the meaning of 1 of Article 92, the grants referred to in article 42 septies are not included in the results for the year in progress on the date they are paid. In this case, they are taxable under the conditions defined by the latter article.
9. Authors of works of art within the meaning of 1° of I of Article 297 A benefit from a deduction of 50% on the amount of their taxable profit in respect of the first year of activity as well as the four following years.
These provisions apply to income resulting from the transfer of the works mentioned in the previous paragraph, as well as from the transfer and exploitation of the economic rights recognised by law on these same works, and received by natural person authors taxed under the controlled declaration regime.
Income from the operations mentioned in Article 279 bis is not eligible for the allowance provided for in the first paragraph.
The allowance referred to in the first paragraph may not exceed €50,000 per year.
It does not apply in the event of an option for the regime provided for in article 100 bis.
10. When the total amount of the sums and compensation received by the arbitrators or judges mentioned in 6° of 2 of article 92 is less, for a calendar year, than the limit defined in the first paragraph of article L. 241-16 of the Social Security Code, capped at 14.5% of the annual amount of the ceiling mentioned in article L. 241-3 of the same code, these sums and allowances are exempt.