Unlimited carry-forward of corporate tax losses
Article 89 of the 2004 Finance Act amends Article 209 of the General Tax Code: losses of companies subject to corporate income tax can be carried forward to subsequent financial years without the former limit of the fifth year following the loss-making year. The special regime of depreciation deemed deferred during loss-making periods is abolished. The measure applies to financial years beginning on or after 1 January 2004, including losses still to be carried forward at the close of the previous year. Decree No. 2004-467 of 25 May 2004 sets out implementing rules.
Measure originators
A positive amount is revenue or savings for public finances; a negative amount is a cost or lost revenue.
Measure impact
Companies subject to corporate income tax can offset their losses against future profits with no time limit, for financial years beginning from 2004. The Senate finance committee reported a nil cost in 2004, EUR 50 million in 2005 and EUR 70 million a year from 2006.
Official references
Sources
Procedure timeline
Follow the progress of this fiscal measure through the different stages of the parliamentary procedure.
Publication in Official Journal
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