The shareholders’ equity referred to in 2° of article L. 3324-1 includes capital, additional paid-in capital linked to share capital, reserves, retained earnings, provisions which have been taxed as well as regulated provisions set aside free of tax by application of a specific provision of the General Tax Code. Their amount is based on the values shown in the balance sheet at the end of the financial year in respect of which the special profit-sharing reserve is calculated. However, in the event of a change in capital during the financial year, the amount of the capital and premiums linked to the share capital is taken into account in proportion to the time.
The special employee profit-sharing reserve is not included in shareholders’ equity.
For partnerships and sole proprietorships, the sum defined above is increased by current account advances made by the partners or the operator. The proportion of advances to be taken into account for each financial year is equal to the algebraic average of the balances of the current accounts in question as they exist at the end of each calendar quarter included in the financial year in question.
The amount of shareholders’ equity to which the 5% rate provided for in 2° of the aforementioned article applies is obtained by deducting from the shareholders’ equity defined in the previous paragraphs that which is invested abroad calculated in proportion to the time in the event of an investment during the year.
The amount of this capital is equal to the total of the net asset items corresponding to the establishments located abroad after application to this total of the ratio of shareholders’ equity to permanent capital.
The amount of permanent capital is obtained by adding to the amount of shareholders’ equity, debts of more than one year other than those included in shareholders’ equity.