Lighter taxation of free shares (Macron act)
Article 135 of the act of 6 August 2015 reforms the regime for shares granted free of charge to employees and executives. The acquisition gain is taxed under income tax according to the rules for capital gains on securities, after holding-period allowances, and is no longer subject to the specific employee contribution. The employer contribution is reduced to 20% and becomes due on the acquisition date instead of the grant date; SMEs that have never paid dividends are exempt up to the social security ceiling per employee. The minimum vesting period falls from two years to one, with a combined vesting and holding period of at least two years. The regime applies to shares whose grant is authorised by an extraordinary general meeting held after the act's publication.
Measure originators
No official estimate found for this measure.
Measure impact
Employees and executives receiving free shares: gain taxed under the income tax scale after holding-period allowances, and removal of the specific employee contribution; granting companies: 20% employer contribution on the value at acquisition, with an exemption for some SMEs.
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
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