II: Industrial and commercial profits

1. PROVISIONS APPLICABLE TO CONTRACTS CONCLUDED UP TO 31 DECEMBER 1995. The capital gain realised on the transfer of a leasing contract entered into under the conditions provided for in 1 and 2 of Article L. 313-7 of the Monetary and Financial Code is subject to the regime defined in articles 39 duodecies et seq. It is considered as a short-term capital gain up to the fraction of the rental…

1 (Repealed) 1 bis (Repealed for royalties taken into account from 1 January 2002 in the results of grantors and concessionaires). 1 ter. The long-term capital gains or losses regime is not applicable to sums received in execution of a leasing contract relating to intangible elements of a business or a craft business. 2. Subject to the provisions of Article 41, net capital gains recorded in the event of the…

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…

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…

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.

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….

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…

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…

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…

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…