Exemption of business capital gains for sole traders retiring
Article 35 of the 2005 Amending Finance Act creates Article 151 septies A of the General Tax Code. Business capital gains made on the sale of a sole proprietorship, or of all the units of a partnership in which the seller works, are exempt from income tax when the activity has been carried on for at least five years, the seller stops all functions and retires within the following year, does not hold more than 50% of the acquiring business, and the business is an SME within the EU meaning (fewer than 250 employees, turnover below €50 million or balance sheet below €43 million). Real estate gains remain taxed under ordinary rules. The scheme applies to gains made from 1 January 2006.
Measure originators
A positive amount is revenue or savings for public finances; a negative amount is a cost or lost revenue.
Measure impact
Shopkeepers, craftspeople, professionals and farmers who sell their business on retirement no longer pay income tax on the gain (excluding real estate). The cost was estimated at €20 million in 2006.
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)