1. Subject to the provisions specific to industrial and commercial profits, non-commercial profits and agricultural profits, net profits realised, directly, through an intermediary or via a trust, on the settlement or disposal for consideration of financial contracts, also referred to as “financial futures instruments”, mentioned in III of l’article L. 211-1 of the Monetary and Financial Code, by individuals domiciled in France for tax purposes within the meaning of Article 4 Bof this code are taxed under the conditions provided for in 1 or 2 of article 200 A.
Net losses are subject to 11 of l’article 150-0 D.
2. For each contract referred to in 1, the profit or loss is equal to the difference between the sums received and the sums paid, plus or minus, where the contract is unwound by the delivery of a financial instrument or commodity, the difference between the purchase or sale price of that financial instrument or commodity and its value on the day of delivery.
Where contracts with the same characteristics have given rise to purchases or sales made at different prices, the profit or loss is calculated on the basis of the weighted average price.
The taxable profit or chargeable loss is net of costs and taxes paid.
3. By way of derogation from 1, where the account holder or, failing this, the co-contractor is domiciled for tax purposes or is established in an uncooperative State or territory within the meaning of article 238-0 A other than those mentioned in 2° of 2 bis of the same article 238-0 A, the profit made is taxed at a flat rate of 50%.
The first paragraph of this 3 is not applicable if the taxpayer demonstrates that the transactions to which these profits relate correspond to real transactions which have neither the purpose nor the effect of enabling them to be located in such a State or territory for the purpose of tax evasion.
4. A decree lays down the conditions for the application of this article, in particular the taxpayers’ reporting obligations.