Chapter V: Social security and tax arrangements for profit-sharing

At the request of the company, certification of the amount of net profit and shareholders’ equity is drawn up either by the statutory auditor or by the public finance inspector. In the latter case, the request is accompanied by an attached statement completed by the company, in accordance with a model drawn up by the Minister for the Economy.

The certificate is issued by the public finance inspector within three months of the date of the company’s application or, if the tax return for the financial year in question is filed after the application is made, within three months of the date on which the tax return is filed.

Where no application for a certificate has been made six months after the end of a financial year, the Labour Inspectorate control officer may take the place of the company in obtaining the certificate.

If the net profit base is changed after a certificate has been issued, an amending certificate will be issued under the same conditions as the initial certificate.

The tax-free establishment of the investment provision provided for in article L. 3325-3 and in II of article 237 bis A of the General Tax Code is subject to compliance with the provisions of article 171 bis of appendix II to the General Tax Code.

The tax credit and the tax credit attached to the income from securities allocated to employees or acquired on their behalf as part of the profit-sharing scheme give rise to the issue of a separate certificate, in accordance with the provisions of article 77 of appendix II to the general tax code and under the following two conditions: 1° When this income is totally exempt, in accordance with the provisions…

The request for refund, accompanied by the certificate, is sent to the tax office of the organisation that issued it. The refund is made to this organisation, which is responsible for using the corresponding sums in the same way as the income to which they relate.