Any contribution, sale or exchange of securities that has been approved under the conditions provided for in the fifth paragraph of article 42-3 of law no. 86-1067 of 30 September 1986 relating to freedom of communication is subject to a tax based on the value of the securities contributed, transferred or exchanged. This tax is payable by the person who, at the end of the contributions, disposals or exchanges carried out on its securities, transferred control of the company holding the authorisation to use the radioelectric resource.
The tax applies to all contributions, disposals or exchanges whose cumulative total over six months reached an amount at least equal to ten million euros and resulted in the transfer of control of the company holding the authorisation.
The rate of the tax is set at:
1° 20%, if the approval referred to in the first paragraph of this article occurs in the first five years following the issue of the authorisation;
2° 10%, if the approval occurs between the sixth and tenth years following the issue of the authorisation;
3° 5%, if the approval occurs after the tenth year following the issue of the authorisation.
The amount of tax paid may not exceed 26% of the gross capital gain on the disposal of the securities.
Any contribution, disposal or exchange of securities made between companies in the same group, within the meaning of article 223 A or article 223 A bis, is exempt from tax.
The chargeable event and the tax liability occur at the time of issue, by the Autorité de régulation de la communication audiovisuelle et numérique, of the authorisation provided for in the fifth paragraph of article 42-3 of the aforementioned law no. 86-1067 of 30 September 1986.
This tax is due and paid to the public accountant no later than the second working day following 1 May of the year following that of the contribution, transfer or exchange. Payment shall be accompanied by a statement, in accordance with the model provided by the administration, showing the information required to identify the taxable person and to determine the amount due.
This tax shall be collected according to the rules and under the penalties and guarantees applicable to registration duties.