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Article 39 quaterdecies of the French General Tax Code

1 The net amount of short-term capital gains may be divided equally between the year in which they are realised and the following two years. It refers to the excess of these capital gains over capital losses of the same nature that were actually incurred during the same financial year. These provisions do not apply to net short-term capital gains realised by companies subject to corporation tax during financial years…

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Article 39 quindecies of the French General Tax Code

I. – (1) Subject to the provisions of Articles 41,151 octies and 210 A to 210 C, the net amount of long-term capital gains is taxed separately at a rate of 12.8%. It refers to the excess of these capital gains over capital losses of the same nature recorded during the same financial year. However, this net amount is not taxable when it is used to offset the operating deficit…

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Article 39 quindecies A of the French General Tax Code

When, before 1 July 1980, a maritime insurance broker transfers his business to a company whose principal object is insurance brokerage, the taxation of the capital gain realised by the person concerned at the time of this transfer is deferred until the time when the transfer or redemption of his company rights takes place.

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Article 39 octodecies of the French General Tax Code

I. – Taxpayers who exercise an option for the first time for a real tax regime may recognise, free of tax, the capital gains acquired, on the effective date of this option, by the non-depreciable elements of their fixed assets. This recognition must be made in the accounts no later than the close of the first financial year for which the company is subject to a real tax regime. II….

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Article 39 novodecies of the French General Tax Code

I.-When a company sells a building to a leasing company and immediately regains use of the building under a leasing contract, the amount of the capital gain on the sale of the building may be spread equally over the financial years ending during the term of the leasing contract, without exceeding fifteen years. However, when the property is acquired by the company or the leasing contract is terminated, the balance…

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Article 40 of the French General Tax Code

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…

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Article 41 of the French General Tax Code

I. – Capital gains subject to the regime of articles 39 duodecies à 39 quindecies and realised by an individual on the occasion of the free transfer of a sole proprietorship may benefit from the following provisions: a. The taxation of capital gains relating to fixed asset items recognised on the occasion of this transfer is deferred until the date of the sale or cessation of the business or until…

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Article 42 septies of the French General Tax Code

1. Capital grants awarded to a company by the European Union or the bodies set up by its institutions, the State, local authorities or any public body for the creation or acquisition of specific fixed assets are not included, at the company’s option, in the results for the financial year in progress on the date they are awarded; in this case, they are taxable under the conditions defined in this…

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Article 42 octies of the French General Tax Code

Construction premiums allocated pursuant to article R. 311-1 of the Code de la construction et de l’habitation are not included in the results of the financial year in progress on the date of their payment. The amount of premiums received during a financial year must be added back to the taxable profits of that financial year or, where applicable, of the following financial year(s) up to the amount of depreciation…

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Article 43 bis of the French General Tax Code

Companies which, having subscribed to the initial capital of the sociétés immobilières conventionnées referred to in Order no. 58-876 of 24 September 1958 or to their capital increases, have waived, within a period of one year, the exceptional amortisation of 50% provided for in article 5-2° of the said Order, may disregard, for the determination of their taxable profits, the net income from the shares of the said companies included…

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