Temporary relaxation of loss carry-back for corporate income tax
Article 1 of the first amending finance act for 2021 allows companies subject to corporate income tax to offset, on option, the loss of the first loss-making financial year closed between 30 June 2020 and 30 June 2021 against the profits of the three previous financial years, without the €1 million cap or the restriction to the previous year only provided for in Article 220 quinquies of the General Tax Code. The option must be exercised no later than the filing deadline for the tax return of a financial year closed on 30 June 2021. The resulting excess tax creates a claim on the State, calculated at the corporate income tax rate applicable from 2022. The same article specifies the tax and social security treatment of crisis aid paid outside the solidarity fund.
Measure originators
No official estimate found for this measure.
Measure impact
Companies with a loss for a financial year closed between 30 June 2020 and 30 June 2021 can convert this loss into a tax claim on the profits of 2017 to 2019 (for a calendar financial year), without a cap. According to the Senate finance committee, the measure entails a cash cost for public finances estimated at €400m per year until 2027, since losses could in any case be carried forward.
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
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)
Council of Ministers
Validation interne