1. The income tax due by natural persons domiciled in France for tax purposes within the meaning of Article 4 B in respect of the income, net gains, profits, distributions, capital gains and receivables listed in 1° and 2° of A of this 1 is established by applying the flat rate provided for in B of this 1 to the taxable base of the said income, net gains, profits, distributions, capital gains and receivables.
A. For the application of the first paragraph of the present 1, the following are subject to flat-rate taxation:
>Moveable capital income
1° Income from transferable securities mentioned in VII of the 1st sub-section of section II of this chapter, with the exception of income expressly exempted from tax by virtue of articles 125-0 A, 155 B, 157 and 163 quinquies B to 163 quinquies C bis, income from capitalisation bonds or contracts or investments of the same type mentioned in 6° of article 120 and 1° of I of article 125-0 A, attached to premiums paid up to 26 September 2017, as well as income taken into account to determine the taxable profit of an industrial, commercial, craft or agricultural business, or a non-commercial profession. The products mentioned in Article 13(5) that fall into the category of income from transferable capital are also subject to flat-rate taxation.
For the purposes of calculating the tax due, the income referred to in the first paragraph of this 1° is taken into account on a gross basis, subject, where applicable, to the application of articles 124 C, 125-00 A and 125-0 A.
The income referred to in the first paragraph of this 1° is taken into account on a gross basis, subject, where applicable, to the application of articles 124 C, 125-00 A and 125-0 A.
Income mentioned in the first paragraph of this 1° from foreign sources is also deducted on a gross basis. The tax withheld at source is deducted from the flat-rate tax up to the limit of the tax credit to which it gives entitlement, in accordance with the conditions laid down by international agreements.
For the application of the second and third paragraphs of this 1°, when the income is of the nature mentioned in 2° of 7 of article 158, its gross amount is multiplied by 1.25;
2° The net gains, profits, distributions, capital gains and receivables mentioned in 1° to 6° of 6 bis of article 158, determined in accordance with these same provisions. However, for the establishment of the flat-rate tax mentioned in the first paragraph of this 1, the allowance mentioned in 1 ter or 1 quater of article 150-0 D is not applied.
B. 1° The flat rate referred to in the first paragraph of this 1 is set at 12.8%;
2° By way of derogation from 1° of this B, where the conditions for application of b of 2 of II of article 125-0 A are met, the rate provided for in the same b is applied to income from capitalisation bonds or contracts and investments of the same kind mentioned in I of article 125-0 A and in II of article 125 D attached to premiums paid as from 27 September 2017:
a) For the total amount of the said income, where the amount of the premiums paid on the bond or contract or investment to which the income relates and on the other bonds or contracts or investments held by the beneficiary of the said income and which, on 31 December of the year preceding the event giving rise to taxation of the income concerned, have not already been the subject of a capital repayment, does not exceed the threshold of €150,000. For the application of the present paragraph, in the event of dismemberment of ownership of the bond or contract, the premiums paid on this bond or contract are only taken into account for the determination of the threshold applicable to the usufructuary;
b) When the amount of the premiums such as those paid on the bond or contract is less than
b) Where the amount of premiums as determined in a of this 2° exceeds the threshold of €150,000, for the sole fraction of these products determined by multiplying the total amount of said products by the ratio existing between:
– in the numerator, the amount of €150,000 reduced, where applicable, by the amount of premiums paid prior to 27 September 2017 and which, on 31 December of the year preceding the taxable event for the products concerned, have not already been the subject of a capital repayment;
– in the denominator, the amount of premiums paid from 27 September 2017 and which, on 31 December of the year preceding the event giving rise to taxation of the products concerned, have not already been the subject of a capital repayment.
The fraction of the products mentioned in the first paragraph of this 2° which is not eligible for the rate mentioned in the same first paragraph is taxable at the rate mentioned in 1° of this B;
3° Where the conditions for the application of b of 2 of II of article 125-0 A are not met, the products mentioned in 2° of this B attached to premiums paid on or after 27 September 2017 are subject to the rate mentioned in 1° of this B.
2. By way of derogation from 1, upon the taxpayer’s express and irrevocable option, all of the income, net gains, profits, capital gains and receivables mentioned in the same 1 shall be included in the basis of assessment for the overall net income defined in article 158. This overall option is exercised when the declaration provided for in article 170 is filed, and at the latest before the declaration deadline expires.
2 bis. (Repealed)
2 ter. a. The capital gains mentioned in I of article 150-0 B ter are subject to income tax at the rate determined as follows:
1° The rate applicable to capital gains resulting from contribution transactions carried out between 14 November and 31 December 2012 is determined in accordance with A of IV of Article 10 of Law 2012-1509 of 29 December 2012 on finance for 2013;
2° The rate applicable to capital gains resulting from contribution transactions carried out between 1 January 2013 and 31 December 2017 is equal to the ratio between the following two terms:
– the numerator, made up of the result of the difference between, on the one hand, the amount of tax that would have resulted, in respect of the year of the contribution, of the application of article 197 to the sum of all the capital gains mentioned in the first paragraph of this 2° realised in respect of that same year as well as the income taxed in respect of that same year under the conditions of that same article 197 and, on the other hand, the amount of tax due in respect of that same year and established under the conditions of the said article 197 ;
the denominator
– the denominator, made up of all the capital gains referred to in the first paragraph of this 2° retained in the second paragraph of this 2°.
For the determination of the rate referred to in the first paragraph of this 2°, the capital gains referred to in the same first paragraph are, where applicable, reduced only by the allowance referred to in 1 of Article 150-0 D in its wording in force until 31 December 2017;
3° The rate applicable to capital gains resulting from transfer transactions carried out from 1 January 2018 is 12.8%. However, where the overall option provided for in 2 is exercised by the taxpayer, the rate applicable to these capital gains is determined in accordance with the same procedures as those provided for in 2° of this a, taking into account, where applicable, only the allowance referred to in 1 ter or 1 quater of Article 150-0 D.
The capital gains referred to in the first paragraph of this a to which article 244 bis B is applicable are taxable under the conditions and at the rate provided for in the same article 244 bis B in its wording applicable on the date of the transfer.
b. The capital gains referred to in the first paragraph of a of this 2 ter, retained for their amount before application of the allowance referred to in 2° or 3° of the same a, are also subject, where applicable, to the contribution referred to in article 223 sexies at a rate equal to the ratio between the following two terms:
1° The numerator, made up of the result of the difference between, on the one hand, the amount of the contribution that would have resulted, in respect of the year of the contribution, from the application of article 223 sexies to the reference tax income defined in that same article, increased by the amount of all the capital gains referred to in the first paragraph of this b realised in respect of the same year, and, on the other hand, the amount of the contribution due, where applicable, under the terms of the said article 223 sexies;
2° The denominator, made up of all the capital gains mentioned in the first paragraph of this b retained in 1° of this b.
3. The employee benefit mentioned in I of article 80 quaterdecies is included in the basis of assessment of the overall net income defined in article 158, after application of a 50% allowance or, where applicable, the fixed allowance provided for in 1 of I of article 150-0 D ter and, for any surplus, the 50% allowance. For the application of these provisions, the fixed allowance is applied first to the net gain mentioned in V of article 80 quaterdecies and then, for any surplus, to the aforementioned salary benefit.
4. (Repealed).
5. The net gain mentioned in 2 of II of article 150-0 A is taxed under the conditions provided for in 1 or 2 of this article.
6. (Repealed).
6 bis (Repealed).
7. (Repealed).