Creation of the listed real estate investment companies (SIIC) regime: corporate tax exemption in exchange for distribution
Article 11 of the 2003 Finance Act creates Article 208 C of the General Tax Code. Property companies listed on a French regulated market with share capital of at least €15 million, and their 95%-owned subsidiaries, may opt for a corporate tax exemption on profits from renting buildings and on capital gains, provided they distribute 85% of rental profits before the end of the following financial year and 50% of capital gains before the end of the second following year. Entry into the regime triggers taxation of unrealised gains at 16.5% ("exit tax"), payable in quarters over four years. The irrevocable option had to be notified before 30 September 2003 for the financial year ending in 2003. The regime stems from an amendment of the Senate finance committee tabled by Philippe Marini.
Measure originators
No official estimate found for this measure.
Measure impact
Concerns about fifteen listed property companies and their shareholders, who are taxed on distributed dividends. According to the Senate general rapporteur, the exit tax would bring in nearly €400 million a year for four years from 2003, about €1.5 billion in total.
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)