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Article 36 of the French General Tax Code

Included in the total income used as a basis for income tax are profits obtained during the year of taxation or during the twelve-month period whose results were used to draw up the last balance sheet, where this period does not coincide with the calendar year.

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Article 37 of the French General Tax Code

If the financial year ending in the year of taxation extends over a period of more or less than twelve months, the tax is nevertheless assessed on the basis of the results of that financial year. If no balance sheet is drawn up in the course of any year, the tax due in respect of the same year is assessed on the profits of the period elapsed since the end…

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Article 38 of the French General Tax Code

1. Subject to the provisions of Articles 33 ter, 40 to 43 bis and 151 sexies, taxable profit is net profit, determined on the basis of the overall results of operations of any kind carried out by companies, including in particular disposals of any assets, either during or at the end of the business. 2. Net profit is the difference between the value of net assets at the beginning and…

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Article 38 bis of the French General Tax Code

I. – 1. Financial securities lent by a company are taken in priority from securities of the same nature acquired or subscribed to at the most recent date. The claim representing the financial securities lent is recorded separately in the balance sheet at the original value of these securities. At the end of the loan, the financial securities returned are recorded in the balance sheet at this same value. 2….

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Article 38 bis-0 A of the French General Tax Code

I. – Financial securities repurchased by a legal entity under the conditions set out in Articles L. 211-27 to L. 211-34 of the Monetary and Financial Code are, for the application of the provisions of this Code, deemed not to have been assigned subject to the provisions of the aforementioned articles. II. – The accounting obligations relating to repurchase agreements are set out in articles L. 211-31 to L. 211-33…

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Article 38 bis-0 A bis of the French General Tax Code

I. – The delivery of securities as collateral entailing transfer of ownership and carried out under the conditions set out in I or III of Article L. 211-38 of the Monetary and Financial Code are subject to the regime provided for in this article when the following conditions are met: 1° The guarantor and the beneficiary of the guarantee are taxable on their profits according to a real tax regime;…

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Article 38 bis A of the French General Tax Code

By way of derogation from Article 38, the credit institutions and finance companies mentioned in Article L. 511-1 of the Monetary and Financial Code and the investment firms mentioned in article L. 531-4 of the same code who enter transferable securities, negotiable debt securities or interbank market instruments, negotiable on a market, in a trading securities account on the assets side of their balance sheet, are taxed, until their withdrawal…

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Article 38 bis B of the French General Tax Code

I. – Where credit institutions, finance companies or investment firms mentioned in article 38 bis A purchase or subscribe fixed-income securities for a price different from their redemption price, the profit or loss corresponding to this difference increased or decreased, as the case may be, by the accrued coupon on purchase is spread over the period remaining until redemption. This apportionment is made on an actuarial basis by attaching to…

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Article 38 bis B bis of the French General Tax Code

I. – As an exception to the provisions of articles 38, 238 septies B and 238 septies E, when insurance and capitalisation companies, supplementary professional retirement funds mentioned in Article L. 381-1 of the Insurance Code, the supplementary professional retirement mutuals or unions referred to in Article L. 214-1 du code de la mutualité or the institutions for supplementary professional retirement mentioned in article L. 942-1 of the Social Security…

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Article 38 bis C of the French General Tax Code

By way of exception to the provisions of Article 38, interest rate or currency swaps entered into by credit institutions, finance companies or investment firms referred to in article 38 bis A and which are allocated to the hedging of financial instruments valued at their market value or to the specialised management of a trading activity, are valued at their market value at the close of each financial year or…

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