Business transfers: higher capital gains exemption thresholds and a three-year sale window after retirement
Article 19 of the 2022 Finance Act raises the thresholds of the exemption for business capital gains on the transfer of a sole proprietorship or a complete line of business (Article 238 quindecies of the General Tax Code): full exemption up to €500,000 (instead of €300,000) and partial exemption up to €1,000,000 (instead of €500,000). It also opens the scheme to sales of a leased-out business to a third party. For business owners who retired between 1 January 2019 and 31 December 2021, the period to sell the business or shares while keeping the €500,000 allowance or the exemption (Articles 150-0 D ter and 151 septies A) is extended from two to three years, and the fixed allowance of Article 150-0 D ter is extended until 2024.
Measure originators
No official estimate found for this measure.
Measure impact
Sellers of sole proprietorships and SMEs: a transfer valued up to €500,000 is exempt from capital gains tax, compared with €300,000 before; owners who retired in 2019-2021 get one more year to sell. The Senate notes that no costing is available for the higher thresholds.
Official references
Sources
Procedure timeline
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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
Council of Ministers
Validation interne