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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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