When one of the conditions mentioned in the fourth paragraph of 4 of Article 38 is not complied with on a loan still outstanding during the recovery period referred to in Article L. 169 of the Book of Tax Procedures and without prejudice to the late payment interest applicable, pursuant to Article 1727, the company is liable for a levy corresponding to the cash flow advantage obtained. However, the company is not liable for this levy where the loan is incorporated into the capital of the borrowing company.
This levy is calculated on the basis of duties corresponding to untaxed conversion differences for the duration of the loan during the prescribed period, at the rate of 0.75% per month between the first day of the month following the month in which these duties should have been paid and the last day of the month in which the levy is paid or, where applicable, the proposed adjustment is made. For the calculation of this levy, account is also taken, where applicable, of the duties paid corresponding to the conversion differences not deducted during the period of the loan elapsed in the prescribed period.
This levy is paid within four months of the end of the financial year in which the company became liable for it. It is settled, declared and collected in the same way as turnover tax and subject to the same guarantees and penalties. It is not deductible from taxable income.