I. – 1 In the event of the contribution of undeveloped land or a similar asset within the meaning of A of l’article 1594-0 G à une société civile de construction répondant aux conditions définies à Article 239 ter, the capital gain generated is, for the purposes of determining income tax or corporation tax, taxed in respect of the year of the last disposal by the company of the buildings or parts of buildings constructed by it on land that is the subject of the contribution.
However, in the event of the death of the contributor, taxation is established in respect of the year of death.
In any event, taxation must be established, at the latest, in respect of the fifth year following that of the completion of the buildings.
2 In the event of the transfer by the taxpayer of the rights received as remuneration for his contribution or of the buildings or fractions of buildings received in representation of his rights, the capital gain generated by the contribution of the land is, for the assessment of income tax or corporation tax, taxed in respect of the year of the last transfer if it has not already been taxed under 1.
3 (Repealed)
II. – Where undeveloped land or property treated as such within the meaning ((of A of article 1594-0 G)) (M) is contributed to a co-ownership company defined in l’article 1655 ter, the disposal is deemed to relate to the whole of the land or property for the purposes of determining the corresponding capital gain.
This capital gain is, for the purposes of determining income tax or corporation tax, taxed in respect of the year of the last disposal by the taxpayer of the rights received as remuneration for his contribution or of the buildings or fractions of buildings received in representation of his rights.
However, in the event of the death of the contributor, the tax is assessed in respect of the year of death.
In any event, the tax must be assessed, at the latest, in respect of the fifth year following that of the completion of the buildings.
III. – When it becomes taxable under the conditions defined in I and II, the capital gain generated on the contribution of the land is determined according to the rules applicable when the contribution was made.
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