One-third allowance per year of holding beyond the fifth on capital gains from share disposals
Article 29 of the 2005 Amending Finance Act inserts Articles 150-0 D bis and 150-0 D ter into the General Tax Code. Net gains on the sale of shares, company units or split rights in them are reduced by an allowance of one third for each year of holding beyond the fifth, leading to a full income tax exemption after eight years. The company must be subject to corporate tax, carry on an operating activity and have its registered office in the European Economic Area. For securities acquired before 2006, the holding period runs from 1 January 2006. By exception (Article 150-0 D ter), SME managers selling their shares on retirement benefit immediately, with the holding period counted from acquisition, for sales made until 31 December 2013.
Measure originators
A positive amount is revenue or savings for public finances; a negative amount is a cost or lost revenue.
Measure impact
Individuals who hold shares for a long time see their gain reduced and then exempted from income tax; SME managers retiring benefit from 2006. The Senate general rapporteur estimated the cost at about €160 million a year by 2014.
Official references
Sources
Procedure timeline
Follow the progress of this fiscal measure through the different stages of the parliamentary procedure.
Administrative implementation
Entrée en vigueur de la mesure et mise en œuvre par l'administration
President of the Republic signature
Publication au Journal officiel
Possible referral to Constitutional Council
Décision de conformité / censure partielle
National Assembly has the final say
Si échec CMP
Joint committee
Désaccord éventuel
Debate and vote
Debate and vote
Débat et vote en séance publique à l'Assemblée nationale, ou engagement de la responsabilité du Gouvernement (article 49.3)