1. The net incomes of the various categories entering into the composition of the global net income are assessed according to the rules set out in articles 12 and 13 and under the conditions set out in 2 to 6 ter below, without it being necessary to distinguish according to whether these incomes have their source in France or outside France.
However, with regard to businesses and operations located outside France, the rules set out in this code for the flat-rate determination of taxable profits are not applicable.
2. Net property income is determined in accordance with the provisions of articles 14 to 33 quinquies.
3.1° Income from transferable capital taken into account in the basis of net overall income includes income from capitalisation bonds or contracts or investments of the same nature mentioned in 6° of article 120 and 1° of I of article 125-0 A, attached to premiums paid up to 26 September 2017 and not having borne the levy provided for in 1 of II of the same Article 125-0 A, as well as all other income mentioned in the first paragraph of 1° of A of 1 of Article 200 A for which the global option provided for in 2 of the same Article 200 A is exercised.
When payable in cash, the income referred to in the first paragraph is subject to income tax in respect of the year either of its payment in cash or by cheque, or of its crediting to an account.
2° Income referred to in 1° distributed by companies liable to corporation tax or an equivalent tax or subject to this tax by option, having their registered office in a State of the European Union or in a State or territory that has entered into a tax treaty with France for the avoidance of double taxation in respect of income tax that contains an administrative assistance clause to combat tax evasion and avoidance and resulting from a regular decision by the competent bodies, shall be reduced, for the purposes of calculating income tax, by a deduction equal to 40% of the gross amount received ;
3° The provisions of 2° do not apply:
a. To income from shares in venture capital companies mentioned in 3° septies of the same article taken from profits exempt from corporation tax;
b. To income from shares in companies mentioned in 1° bis A of Article 208 and investment companies of the same nature established outside France and subject to an equivalent tax regime;
b bis) To exempt profits distributed by listed real estate investment companies mentioned in Article 208 C or by open-ended real estate investment companies mentioned in 3° nonies of Article 208;
c. Distributed income that does not constitute the remuneration of the beneficiary in his capacity as a partner or shareholder. For the application of this provision, a lessee who is the beneficiary of income referred to in 2° distributed by the company whose shares he rents pursuant to Articles L. 239-1 to L. 239-5 of the French Commercial Code is deemed to be a shareholder or partner. Similarly, in the case of the acquisition of shares on a financial instruments market operated by a market undertaking or an investment services provider or any other similar body, the purchaser who is the beneficiary of the income referred to in 2° is deemed to be a shareholder or associate from the day the order is executed;
d. To the distributed income mentioned in a of article 111;
e. To the profits or income mentioned in article 123 bis;
f. Repealed;
4° The provisions of 2° also apply to the portion of income of the nature and origin of that mentioned in 2°, subject to 3°, taken from profits that have not borne corporation tax or an equivalent tax, distributed or allocated by:
a) Undertakings for collective investment governed by French law falling within Section 1, paragraphs 1,2 and 6 of sub-section 2, paragraph 2 or sub-paragraph 1 of paragraph 1 of sub-section 3, or sub-section 4 of Section 2 of Chapter IV of Title I of Book II of the Monetary and Financial Code;
b) Bodies comparable to those mentioned in a), constituted on the basis of foreign law and established in another Member State of the European Union or in another State party to the Agreement on the European Economic Area that has concluded an administrative assistance agreement with France with a view to combating tax fraud and tax evasion;
c) Companies referred to in 3° septies of Article 208 and comparable companies incorporated under foreign law and established in another Member State of the European Union or in another State party to the Agreement on the European Economic Area which has entered into an administrative assistance agreement with France with a view to combating tax fraud and tax evasion;
d) The real estate investment funds mentioned in Article 239 nonies as well as comparable bodies set up on the basis of foreign law and established in another Member State of the European Union or in another State party to the Agreement on the European Economic Area that has concluded an administrative assistance agreement with France with a view to combating tax fraud and tax evasion.
For the determination of this share, account is also taken of the income mentioned in the first paragraph distributed or allocated for the benefit of the body or company concerned through the intermediary of other bodies or companies mentioned in a to d.
The application of these provisions is subject to the breakdown by the bodies or companies in question of their distributions or allocations according to their nature and origin;
5° (Repealed.)
4. Profits from industrial, commercial and craft occupations and those from mining operations are determined in accordance with the provisions of Articles 34 to 61 A, 237 ter A, and 302 septies A bis; the remuneration referred to in Article 62 is determined in accordance with the provisions of that Article; profits from agricultural operations are determined in accordance with the provisions of Articles 63 to 78; profits from the exercise of a non-commercial occupation are determined in accordance with the provisions of Articles 92 to 103. Gains or losses covered by the system of long-term capital gains or losses are removed from the results in order to be subject to separate taxation under the conditions set out in article 39 quindecies. Net profits from the sale, grant or sub-grant of intangible assets, for the portion resulting from the application of article 238, are deducted from profits with a view to separate taxation under the conditions provided for in the same article 238. However, these net profits are not taxable when they are used to offset the operating deficit for the financial year. The deficit thus offset may no longer be carried forward against the profits of subsequent financial years.
In the case of industrial, commercial, craft or agricultural companies which are subject to tax based on their actual profits and whose overall results include income from several categories or from operations located outside France, these overall results are reported without the need to break them down into their various components in the declaration provided for in article 170.
4 bis. (Repealed)
4 ter. (provision no longer applicable).
5. a. Income from public and private salaries, allowances, emoluments, wages and pensions as well as life annuities other than those mentioned in 6 are determined in accordance with the provisions of articles 79 to 90.
Pensions and retirements are subject to a deduction of 10% which may not exceed €4,123. This ceiling applies to the total amount of pensions received by all members of the tax household. Each year, it is revised in the same way as the upper limit of the first bracket of the income tax scale.
The allowance indicated in the second paragraph may not be less than €422, without being able to exceed the gross amount of the pensions and retirements. This provision applies to the amount of pension or retirement received by each pensioner or retired person who is a member of the tax household. The sum of 422 € is revised each year in the same proportion as the upper limit of the first bracket of the income tax scale.
b. The provisions of a are applicable to the allowances and indemnities mentioned in Articles L. 3232-6, L. 5122-1, L. 5122-2, L. 5123-2, L. 5422-1 and L. 5423-1 of the Labour Code, to cash participations and, as from 1 January 1991, to dividends from labour shares, allocated to the workers mentioned in 18° bis of Article 81, when these sums are taxable.
Subject to the exemption provided for in article 163 bis AA, the provisions of a are also applicable to sums accruing to employees by way of participation in the company’s results pursuant to title II of book III of the third part of the labour code.
b bis) The provisions of a are applicable to benefits provided in the form of annuities or for sudden loss of employment, under group insurance contracts or the schemes and plans mentioned in the second and third paragraphs of I of Article 154 bis and the first and second paragraphs of I of Article 154 bis-0 A, when the option provided for in the second paragraph of Article L. 224-20 of the Monetary and Financial Code has not been exercised;
b ter. (Repealed as from the date of entry into force of law no. 2002-73 of 17 January 2002);
b quater. (Repealed) ;
b quinquies) By way of exception to a and subject to the application of 6° bis of article 120 or II of article 163 bis, retirement benefits paid in the form of capital, other than those which are exempt pursuant to 4° bis of article 81:
1° Are taxed without application of the allowance provided for in the second paragraph of a of this 5 for the portion corresponding to the amount of the payments mentioned in 1° of article L. 224-2 du code monétaire et financier ou, en cas d’application de l’article L. 160-5 du code des assurances, au 3° de l’article L. 224-2 précité;
2° Sont imposées selon les modalités prévues aux 1 ou 2 de l’article 200 A pour la part des produits afférents aux versements mentionnés au 1° de l’article L. 224-2 of the Monetary and Financial Code, in 2° of that article where they are not exempt or, where article L. 160-5 of the Insurance Code applies, in 3° of the aforementioned article L. 224-2.
The levy provided for in I and III of article 125 A applies to the products mentioned in 2°.
c. When, being in the process of legal separation or divorce, the spouses are subject to separate taxation by application of the provisions of b of 4 of article 6, the maintenance allowance which is allocated to one of them for his maintenance and that of the children for whom he is responsible is counted in the taxable income of the person concerned;
d. (Repealed with effect from 30 June 2000);
e. For the tax assessment of taxpayers who were pensioners on 31 December 1986 and whose pension was the subject of a first monthly payment in 1987, the declaration each year relates to the arrears corresponding to the twelve-month period following the period to which the taxable arrears in respect of the previous year relate.
For the application of this rule, the arrears due in 1987 are divided equally over the number of months to which they correspond, rounded to the nearest whole number.
The provisions of the two preceding paragraphs are also applicable for tax purposes to taxpayers who were pensioners on 31 December 2003 and whose pension was the subject of a first monthly payment in 2004, the arrears referred to in the second paragraph being understood to mean the arrears due in 2004, as well as to pensioners who received payments in 2016 from the retirement and occupational health insurance funds referred to in article L. 215-1 of the Social Security Code pensions due in respect of 2015, the arrears referred to in the second paragraph being those due in 2016.
6. Life annuities constituted for valuable consideration are only considered as income, for the application of income tax due by the creditor, for a fraction of their amount. This fraction, determined according to the age of the creditor when the annuity comes into effect, is set at:
– 70% if the person concerned is aged under 50;
– 50% if aged between 50 and 59 inclusive;
– 40% if aged between 60 and 69 inclusive;
– 30% if aged over 69.
These provisions do not apply to annuities corresponding to contributions that have not been subject to the option provided for in the second paragraph of Article L. 224-20 of the Monetary and Financial Code. They are applicable to annuities corresponding to the payments mentioned in 1° of Article L. 224-2 of the Monetary and Financial Code which have not been deducted from taxable income pursuant to the option provided for in the second paragraph of Article L. 224-20 of the same code or to those mentioned in 2° of the aforementioned Article L. 224-2.
6 bis. When they are taken into account in the basis of net overall income under the conditions provided for in 2 of article 200 A :
1° The net gains mentioned in article 150-0 A as well as the distributions mentioned in 7, 7 bis, 8 and 9 of II of the same article 150-0 A are determined in accordance with articles 150-0 A to 150-0 E;
2° The profits made on the markets in financial instruments and similar are determined in accordance with article 150 ter;
3° The distributions mentioned in article 150-0 F and in 1 of II of article 163 quinquies C are determined in accordance with the said articles ;
4° Net gains realised under the conditions provided for in the first paragraph of I of article 163 bis G are determined in accordance with the same article 163 bis G ;
5° Unrealised capital gains on corporate rights, securities, titles or rights, claims originating from an earn-out clause and certain tax deferred capital gains taxable upon transfer of the tax domicile outside France are determined in accordance with Article 167 bis;
6° The net gains mentioned in Article 150 duodecies are determined in accordance with the same Article 150 duodecies.
6 ter. – When they are taken into account in the assessment of overall net income under the conditions provided for in the second paragraph of article 200 C, the capital gains mentioned in article 150 VH bis are determined in accordance with the same article 150 VH bis.
7. The amount of income and expenses listed below, used to calculate the tax in accordance with the procedures set out in Article 197, is multiplied by a coefficient of 1.25. These provisions apply:
1° To holders of income subject to income tax, in the category of industrial and commercial profits or non-commercial profits or agricultural profits, earned by taxpayers subject to an actual taxation system:
a) Who are not members of an approved management centre, association or joint management body defined in articles 1649 quater C to 1649 quater K ter, excluding members of a group or company mentioned in articles 8 to 8 quinquies and spouses who are farmers of separate holdings or partners in the same company or group belonging to one of these bodies, or who have been excluded from one of these bodies during the tax year for not having provided a sufficient response to requests for justification from one of these bodies in the context of the missions provided for in articles 1649 quater E and 1649 quater H, for not having complied with a request from one of these bodies to rectify a tax return or following a procedure initiated in application of article L. 166 of the tax procedures book ;
b) Who do not use the services of a chartered accountant, a company that is a member of the order, a management and accounting association or a branch of chartered accountancy, authorised as such by the tax authorities and having entered into an agreement with the latter pursuant to articles 1649 quater L and 1649 quater M, or whose engagement letter has been terminated by the chartered accountant in respect of the tax year for not having provided a sufficient response to the requests for justification from one of these professionals in the context of the engagements provided for in article 1649 quater L, for not having responded to the request from one of these professionals to rectify a tax return or following a procedure initiated in application of article L. 166 C of the Book of Tax Procedures;
c) Or who do not use a certifier abroad, authorised in this capacity by the tax authorities and having entered into an agreement with the latter pursuant to Article 1649 quater N, for foreign-source income only from a Member State of the European Union or another State party to the Agreement on the European Economic Area having entered into an administrative assistance agreement with France with a view to combating tax fraud and evasion;
By way of derogation from the first paragraph of this 7, the coefficient mentioned in the same first paragraph is set at 1.2 for the taxation of income for the year 2020, at 1.15 for the taxation of income for the year 2021 and at 1.1 for the taxation of income for the year 2022 ;
2° To the distributed income mentioned in c to e of article 111, to the profits or income mentioned in article 123 bis and to the distributed income mentioned in article 109 resulting from a rectification of the results of the distributing company;
3° To the sums mentioned in 2° of II of article 156 paid by virtue of a court decision that became final before 1 January 2006;
4° (Repealed).