Free shares: regime extended to awards by a foreign parent or subsidiary, with an option for taxation as salary
Article 41 of the Act of 26 July 2005 on confidence in and modernisation of the economy extends the tax and social security regime for free shares (Article 80 quaterdecies of the General Tax Code) to awards made, under the same conditions, by a company headquartered abroad that is the parent or a subsidiary of the beneficiary's employer. It rewrites Article 200 A(6 bis): the acquisition gain is taxed at 30% unless the beneficiary opts for taxation under the rules for wages and salaries. Article L. 242-1 of the Social Security Code is amended accordingly. The provisions apply from 1 January 2005. The free-share regime, created by the 2005 Finance Act, was later overhauled several times.
Measure originators
No official estimate found for this measure.
Measure impact
Employees and executives of French subsidiaries of foreign groups: free shares awarded by the foreign parent or subsidiary receive the same treatment as those awarded by a French company. All beneficiaries may opt for the progressive income tax scale instead of the 30% rate. No official cost estimate was found.
Official references
Sources
Procedure timeline
Follow the progress of this fiscal measure through the different stages of the parliamentary procedure.
President of the Republic signature
Publication au Journal officiel
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)
Transmission to National Assembly
Administrative implementation
Entrée en vigueur de la mesure et mise en œuvre par l'administration