Income tax is based on the total amount of annual net income available to each tax household. This net income is determined having regard to the property and capital owned by the members of the tax household designated in 1 and 3 of article 6, the professions they exercise, the salaries, wages, pensions and life annuities they enjoy as well as the profits of all lucrative operations in which they engage, after deduction of:
I. – The deficit recorded for a year in a category of income; if the overall income is not sufficient for the deduction to be made in full, the excess of the deficit is carried forward successively to the overall income of the following years up to and including the sixth year.
However, the following are not allowed to be set off:
1° deficits from agricultural operations where the total net income from other sources exceeds €119,675; these deficits may, however, be allowed as a deduction from profits of the same kind in subsequent years up to and including the sixth year.
The amount referred to in the first paragraph is revised each year in the same way as the upper limit of the first bracket of the income tax scale.
1° bis deficits arising, directly or indirectly, from activities covered by industrial or commercial profits when these activities do not involve the personal, continuous and direct participation of one of the members of the tax household in carrying out the acts necessary for the activity. This is the case, in particular, when the management of the business is entrusted de jure or de facto to a person who is not a member of the tax household by virtue of a mandate, an employment contract or any other agreement. However, losses that are not deductible for these reasons may be offset against profits from activities of the same nature carried out under the same conditions, during the same year or the following six years. These deduction arrangements do not apply to losses arising from the direct or indirect letting of furnished residential premises or premises intended to be let furnished.
However, when one of the members of the tax household is the subject of compulsory liquidation proceedings under Title IV of Book VI of the Commercial Code in respect of the activity generating the losses referred to in the first paragraph, the provisions of the first paragraph of I are applicable to the amount of these losses remaining to be carried forward on the date the proceedings are opened, provided that the assets allocated to this activity permanently cease to belong, directly or indirectly, to one of the members of the tax household.
The provisions of the first paragraph apply for the determination of taxable income in respect of 1996 and subsequent years to deficits realised by members of co-ownerships mentioned in Article 8 quinquies. In other cases, they are applicable to the deficit or to the fraction of the deficit arising from activities created, taken over, extended or added on or after 1st January 1996. This fraction is determined by means of separate accounts showing the operations specific to these extensions or additions and which give rise to the production of the documents provided for in article 53 A ; failing this, the allocation procedures provided for in the first paragraph apply to the entire deficit of the activities.
The provisions of the first paragraph also apply to the fraction of the deficit of activities created or taken over before 1 January 1996 arising from investments made from that date. This fraction is determined according to the ratio existing between the sum of the net book values of these investments and the sum of the net book values of all fixed asset items, including these investments. Assets leased or allocated to the business by virtue of any other agreement are treated in the same way as investments for the application of these provisions.
The provisions of the first paragraph are not applicable to the deficit or fraction of deficit arising from the operation:
a. Buildings that were the subject before 1 January 1996 of a declaration of commencement of work as provided for in article R.* 421-40 of the town planning code and acquired by the taxpayer, directly or indirectly, within five years of this declaration, where the property or rights thus acquired were not held directly or indirectly by a natural person;
b. tangible movable property acquired as new, not yet delivered on 1st January 1996 and having given rise before this date to an order accompanied by the payment of deposits at least equal to 50% of their price;
1° ter Tax household deficits arising from the direct or indirect letting of furnished residential premises or premises intended to be let furnished when the activity is not carried out on a professional basis within the meaning of IV of article 155. These deficits are deducted exclusively from income from such an activity during those of the following ten years during which the activity is not carried out on a professional basis within the meaning of the same provisions.
However, when the activity is carried out, from the start of the rental period, on a professional basis within the meaning of the same provisions, the portion of the losses which could not be deducted pursuant to the first paragraph and which derive from expenses incurred with a view to the direct or indirect rental of residential premises prior to the start of this rental period, as determined in accordance with the seventh paragraph of IV of Article 155, may be deducted in thirds from the overall income for the first three years of letting the premises, as long as the activity remains carried out on a professional basis.
2° Deficits from non-commercial activities within the meaning of l’article 92, other than those arising from the exercise of a liberal profession or offices and positions whose holders do not have the status of traders; these deficits may, however, be offset against profits from similar activities during the same year or the following six years ;
3° Property losses, which are deducted exclusively from property income over the following ten years; this provision does not apply to owners of listed or registered historic monuments or monuments that have received the label awarded by the “Fondation du patrimoine” pursuant to article L. This provision does not apply to owners of monuments that have been classified or listed as historic monuments or that have received the label awarded by the “Fondation du patrimoine” pursuant to article L. 143-2 of the French Heritage Code if this label has been granted following a favourable opinion from the departmental architecture and heritage department.
The exclusive deduction from property income also does not apply to property losses resulting from expenditure other than loan interest. The deduction is limited to €10,700. The fraction of the deficit in excess of €10,700 and the fraction of the non-chargeable deficit resulting from loan interest are deducted under the conditions provided for in the first paragraph.
The limit mentioned in the second paragraph is raised to €15,300 for taxpayers who record a property deficit on a dwelling for which one of the deductions provided for in f or o of 1° of I of Article 31 is applied.
The limit mentioned in the second paragraph of this 3° is increased, without being able to exceed €21,400 per year, up to the amount of deductible expenditure on energy renovation work enabling a property to move from an energy class E, F or G, within the meaning of article L. 173-1-1 of the Construction and Housing Code, to an energy performance class A, B, C or D, within the meaning of the same article L. 173-1-1, by 31 December 2025 at the latest, under conditions defined by decree. If the taxpayer does not provide proof of the property’s new energy performance classification by 31 December 2025 at the latest, the property income and overall income for the years in which the work expenditure is deducted are, notwithstanding any provision to the contrary and without prejudice to the penultimate paragraph of this 3°, reconstituted in accordance with the procedures set out in the first three paragraphs of this 3°.
When the owner ceases to rent out a property or when the owner of shares in a company not subject to corporation tax sells them, the property income and overall income for the three years preceding the year in which this event occurs are, notwithstanding any provision to the contrary, reconstituted in accordance with the procedures set out in the first paragraph of this 3°. This provision does not apply in the event of disability corresponding to classification in the second or third of the categories provided for in article L. 341-4 of the Social Security Code, redundancy or death of the taxpayer or of one of the spouses subject to joint taxation.
A taxpayer may not, for the same dwelling or the same subscription of securities, use the tax reductions mentioned in Articles 199 undecies or 199 undecies A and offset a property deficit against overall income.
4° (Repealed as from the taxation of income for 1996);
5° (Repealed)
6° (Repealed)
7° (Repealed)
8° Deficits recorded in the category of income from transferable capital; these deficits may, however, be set off against income of the same kind for the following six years;
I bis. – (Repealed)
II. – The following charges when they are not taken into account for the assessment of income in the various categories:
1° Interest on loans taken out prior to 1 November 1959 to make a capital contribution to an industrial or commercial business or to a farm; interest on loans which are or will be taken out, under the provisions relating to resettlement or conversion loans, by French nationals repatriated or returning from abroad or from States which have gained independence;
1° bis (no object).
1° ter. Under conditions set by decree, property charges relating to buildings classified as historic monuments or registered as historic monuments, as well as buildings forming part of the national heritage or by virtue of the label awarded by the “Heritage Foundation” pursuant to Article L. 143-2 of the Heritage Code if this label has been granted on the favourable opinion of the departmental architecture and heritage department;
1° quater (not applicable).
2° Arrears of annuities paid by him compulsorily and free of charge constituted before 2 November 1959; maintenance payments meeting the conditions set by articles 205 à 211,367and 767 of the Civil Code with the exception of those paid to ascendants when the provisions of 1 and 2 of article 199 sexdecies are applied; payments of sums of money mentioned in the article 275 of the Civil Code when they are made over a period of more than twelve months from the date on which the divorce agreement by mutual consent referred to in article 229-1 of the same code has become enforceable or the divorce judgment, whether or not it is the result of a joint application, has become res judicata and the annuities paid pursuant to articles 276,278 or 279-1 of the same code in the event of legal separation or divorce, or in the event of proceedings for legal separation or divorce and where the spouse is subject to separate taxation, maintenance payments made under a divorce agreement referred to in article 229-1 of the same code or under a court order, and in the event of an amicable review of these payments, the amount actually paid under the conditions set by the articles 208 and 371-2 of the Civil Code; contribution to the expenses of the marriage defined in article 214 of the civil code, provided that the spouses are taxed separately; up to a limit of €2,700 and, under the conditions set by a decree in the Conseil d’Etat, payments intended to make up the capital of the annuity provided for in article 373-2-3 du code civil.
The taxpayer may not make any deduction for his minor descendants when they are taken into account for the determination of his family quotient.
The deduction is limited, per adult child, to the amount set for the allowance provided for by Article 196 B. Where the child is married, this limit is doubled in favour of the parent who can prove that he or she is solely responsible for the upkeep of the household.
A taxpayer may not, in respect of the same year and for the same child, benefit from both the deduction of a maintenance allowance and the attachment. The year in which the child reaches the age of majority, the taxpayer cannot both deduct a pension for this child and consider him as a dependant for the calculation of tax;
2° bis (Repealed);
2° ter. Benefits in kind granted in the absence of a maintenance obligation resulting from articles 205 to 211 of the civil code to persons aged over 75 living under the taxpayer’s roof and whose taxable income does not exceed the resources ceiling mentioned in article L. 815-9 of the Social Security Code for the granting of the solidarity allowance for the elderly mentioned in article L. 815-1 of the same code and the supplementary disability allowance mentioned in article L. 815-24 of the same code. The deduction made by the taxpayer may not exceed the sum of €3,786 per beneficiary.
The amount of the deduction mentioned in the first paragraph is increased each year in the same proportion as the upper limit of the first bracket of the income tax scale;
2° quater (Repealed);
3° (Repealed) ;
4° Payments made as social security contributions, with the exception of those made for domestic servants;
5° Payments made with a view to the veteran’s mutualist pension referred to in article L. 222-2 of the Mutual Code;
6° (Repealed);
7° a and b (not applicable).
c. (Repealed);
d. (not applicable).
8° (Repealed);
9°….
9° bis and 9° ter (Repealed);
10° The contributions referred to in Articles L. 621-1 and L. 622-2 of the Social Security Code;
11° Premiums or contributions under insurance contracts concluded pursuant to articles L. 752-1 to L. 752-21 of the Code rural et de la pêche maritime relating to compulsory insurance against accidents in private life, accidents at work and occupational diseases for self-employed persons in the agricultural professions;
12° (not applicable).
13° Contributions paid by farm or agricultural business managers under group insurance contracts mentioned in 2° of Article L. 144-1 of the Insurance Code, within the limits provided by article 154 bis-0 A.