Capital gains on shares in unlisted real-estate companies taxed at the standard corporate tax rate
Article 26 of the 2008 Finance Act removes from the long-term capital gains regime the sale of shares in unlisted real-estate-dominated companies by companies subject to corporate income tax from 26 September 2007: these gains are now taxed at the standard 33.33% rate instead of the reduced 15% rate. A company is real-estate-dominated when more than 50% of its assets consist of buildings (excluding those used for its own operations) or shares in other such companies. Earlier long-term capital losses on these shares remain deductible in a 15/33.33 proportion. For listed real-estate companies, long-term gains are taxed at the rate in Article 219 IV for financial years beginning on or after 31 December 2007.
Measure originators
No official estimate found for this measure.
Measure impact
Companies selling shares in unlisted real-estate companies pay corporate income tax at the standard rate on the gain, as they would on a direct sale of a building.
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