Question 3501 — income tax

Summary

Mr. Mohamed Laqhila draws the attention of the Minister of the Economy and Finance to the methods for determining the added value of the transfer of social rights. Pursuant to article 150-0 A of the general tax code, the capital gain realized by individuals upon the transfer of social rights constitutes one of the categories of income liable to income tax. Once determined, the added value is totalized with the other income of the taxpayer to form the overall income which will be subject to the progressive scale of income tax. Article 150-O-D 1 of the general tax code specifies that the capital gain taxable for income tax may be reduced by a general reduction for holding period of up to 65% of the amount of the capital gain when the securities transferred have been held by the transferor for more than 8 years. For its part, 1 quater of article 150-O-D of the general tax code has established a reduction for enhanced holding period, which can reach 85% of the amount of the gross capital gain, when the securities transferred have been held for more than 8 years by the transferor. This reinforced reduction concerns capital gains from the sale of securities of a small or medium-sized enterprise, within the meaning of Community law, less than ten years old on the date of subscription or acquisition of the securities. securities by the transferor and which must not result from a resumption of a pre-existing activity. In this context, a business appearing on the assets side of the balance sheet (by purchase or contribution) of the company whose securities are sold normally prevents the application of the enhanced reduction. Also, he asks him to kindly indicate to him whether the reinforced reduction provided for in article 150-O-D 1 quater is nevertheless applicable, all conditions being otherwise fulfilled, in the event that the transferor was ultimately the creator of the business appearing on the assets side of the balance sheet of the company whose securities are transferred; business assets which he then contributed or sold to the company he created and whose securities are now sold, securities which he subscribed to within 10 years of its creation.

Machine translation from French. The official text remains authoritative.

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