The special employee profit-sharing reserve is set up as follows:
1° The sums allocated to this special reserve are, after closure of the accounts for the financial year, calculated on the profit made in mainland France and in Guadeloupe, French Guiana, Martinique, Mayotte, La Réunion, Saint-Barthélemy and Saint-Martin, as used for income tax purposes or at the corporation tax rates provided for in the second paragraph and in b of I of article 219 of the French General Tax Code, plus any profits exempted under the provisions of articles 44 sexies, 44 sexies A, 44 octies A, 44 undecies and 208 C of the French General Tax Code. This profit is reduced by the corresponding tax which, for companies subject to income tax, is determined under the conditions laid down by decree in the Conseil d’Etat ;
2° A deduction representing remuneration at the rate of 5% of the company’s equity is made from the net profit thus defined;
3° Net profit is increased by the amount of the provision for investment provided for in article L. 3325-3. If this provision is added to the taxable profit for a given financial year, its amount is excluded, for the purpose of calculating the profit-sharing reserve, from the net profit to be retained in respect of the financial year during which this addition was made;
4° The special employee profit-sharing reserve is equal to half of the figure obtained by applying to the result of the operations carried out in accordance with the provisions of 1° and 2° the ratio of salaries to the company’s added value.