I. – 1° Small and medium-sized companies subject to an actual tax regime may benefit from a tax credit in respect of investments, other than replacement investments, financed without public aid for at least 25% of their amount, made until 31 December 2027 and operated in Corsica for the purposes of an industrial, commercial, craft, liberal or agricultural activity other than:
a. the management or rental of real estate where the services do not relate exclusively to property located in Corsica, as well as the operation of games of chance and gambling;
a bis. the management and letting of furnished tourist accommodation located in Corsica; However, this exclusion does not apply to tourist establishments managed by a single operator, comprising individual or collective residential buildings with a minimum of shared facilities and services and grouping together, in a homogeneous whole, premises for collective use and furnished residential premises let to a tourist clientele who do not elect domicile there. For tourist establishments meeting these conditions, no minimum number of beds is required;
b. agriculture and the processing or marketing of agricultural products, except where the taxpayer qualifies for investment aid under Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations, the production or processing of coal and lignite, the steel industry, the synthetic fibres industry, fishing, transport, with the exception of air transport to provide emergency medical evacuations covered by a public contract with the Ajaccio and Bastia hospital centres, the construction and repair of ships of at least 100 gross tonnes, and motor vehicle manufacturing.
The small and medium-sized enterprises mentioned in the first paragraph of this 1° meet the definition in Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty.
2° (Repealed).
3° The tax credit provided for in 1° is equal to 20% of the cost price excluding tax:
a. Capital goods depreciable using the declining balance method under 1 and 2 of Article 39 A and fixtures and fittings for business premises usually open to customers created or acquired as new;
b. Property, fixtures and fittings referred to in a leased, during the period referred to in 1°, from a leasing company governed by Chapter V of Title I of Book V of the Monetary and Financial Code;
c. Software which constitutes a fixed asset and which is necessary for the use of the investments mentioned in a and b;
d. Hotel renovation work;
e. Construction and renovation work on private healthcare establishments carried out to carry out the activity mentioned in Article L. 6111-1 of the Public Health Code.
For the purposes of this 3°, investments must be considered as initial investments within the meaning of Article 2 of the aforementioned Commission Regulation (EU) No 651/2014 of 17 June 2014. Where a replacement investment allows for the extension or diversification of the company’s production capacity, the portion of this investment corresponding to the extension or diversification of production capacity shall be treated as an initial investment within the meaning of the same Article 2.
For the purpose of calculating the tax credit, the cost price of the investments shall be reduced by the amount of public subsidies awarded with a view to financing these investments.
3° bis The rate referred to in the first paragraph of 3° is increased to 30% for companies that have employed fewer than eleven employees and have achieved either a turnover not exceeding €2 million during the financial year or tax period, reduced where applicable to twelve months in progress when the eligible investments are made, or a balance sheet total not exceeding €2 million. The number of employees for each financial year is assessed in accordance with the procedures set out in I of article L. 130-1 of the French Social Security Code. The capital of beneficiary companies must be fully paid up and at least 75% of it must be held continuously by individuals or by a company meeting the same conditions. For the purposes of determining the 75% percentage, the holdings of venture capital companies, venture capital mutual funds, specialised professional funds covered by article L. 214-37 of the Monetary and Financial Code as it stood prior to Order no. 2013-676 of 25 July 2013 amending the legal framework for asset management, professional private equity funds, sociétés de libre partenariat, sociétés de développement régional and sociétés financières d’innovation shall not be taken into account provided that there is no arm’s length relationship within the meaning of Article 12 of Article 39 of this Code between the company in question and the latter companies or funds.
When a company notes, at the date of the close of its financial year, that the workforce threshold provided for in the first paragraph of this 3° bis has been exceeded, this circumstance does not cause it to lose the benefit of the tax credit at the rate of 30% in respect of the financial year during which the eligible investments are made.
4° Investments made by small and medium-sized businesses in difficulty may qualify for the tax credit provided for in 1° if they have received prior approval issued under the conditions provided for in Article 1649 nonies. A company is considered to be in difficulty when it is the subject of safeguard or receivership proceedings or when its financial situation makes it imminent that it will cease trading.
The approval referred to in the first paragraph is granted if the granting of the tax credit to the investments provided for in the restructuring plan presented by the company does not affect trade to an extent contrary to the common interest.
II. – The provisions of this article apply upon option by the company from the first day of the financial year or year in respect of which it is exercised. This option entails renunciation of the benefit of the schemes provided for in articles 44 sexies, 44 sexies A, 44 quindecies, 44 sexdecies and 44 septdecies. It is irrevocable.
When the investments are made by companies subject to the tax regime of Article 8 or by the groupings mentioned in articles 239 quater or 239 quater C, the tax credit may be used by their members, in proportion to their rights in these companies or groupings, provided that they are liable for corporation tax or natural persons participating in the operation within the meaning of 1° bis of I of article 156.
III. – If, within five years of its acquisition or creation or during its normal period of use if it is less, an asset that has given entitlement to the tax credit provided for in I is sold or ceases to be used for the activity for which it was acquired or created, or if the purchaser ceases its activity, the tax credit charged is subject to a reversal in respect of the financial year or the year in which the aforementioned events occur.
However, the provisions of the previous paragraph do not apply when the property is transferred as part of transactions placed under the regimes provided for in articles 41,151 octies, 151 octies A, 210 A or 210 B if the beneficiary of the transfer undertakes to use the assets in Corsica as part of a business that meets the conditions mentioned in I during the remaining part of the retention period. The commitment is made in the deed recording the transfer or, failing this, in a private deed with a date certain, drawn up on this occasion.
When the investment is made by a company subject to the tax regime provided for in Article 8 or a group mentioned in Articles 239 quater or 239 quater C, the partners or members mentioned in the second paragraph of II must, in addition, retain the shares in this company or this group for a period of five years from the completion of the investment. If they fail to do so, the tax credit they have deducted will be reclaimed in respect of the financial year or the year in which the units or shares are sold, bought back or cancelled.
IV. – The provisions of this article apply to investments made on or after 1 January 2002 during a financial year ending on or after the date of publication of loi n° 2002-92 du 22 janvier 2002 relative à la Corse.
V. – The benefit of the tax credit mentioned in I is subject to compliance with Article 14 of Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty.