Question 38268 — businesses

Summary

Ms. Isabelle Santiago questions the Minister Delegate to the Minister of the Economy, Finance and Recovery, responsible for small and medium-sized businesses, on the terms of donations of sums of money granted in full ownership to a third party as defined in article 790 A bis of the general tax code. A citizen drew the attention of parliamentarians to the gap between the will of the legislator when drafting this article and its final version. Indeed, the wording, originally resulting from an amendment to the finance bill of Ms. MP Olivier Grégoire, provided for "[to exempt] from free transfer taxes donations of money to a third party, less than or equal to 100,000 euros, invested in a VSE/SME owned by a relative, on condition that this sum is allocated to the creation or development of a company with less than 50 employees whose management is ensured by the beneficiary of this donation. The parliamentarian, interviewed on July 10, 2020 by this citizen, confirmed that this provision would allow donations to a son-in-law, a member of the company, which corresponded to both the words “third party” and “relative”. However, the article in force limits these donations only to “a child, a grandchild, a great-grandchild or, in the absence of such descendants, a nephew or a niece ". While the Government's desire is to revive the economy and support VSEs and SMEs as much as possible, this limitation, which in this case prevents this citizen from making a gift to his son-in-law, is most incomprehensible. She therefore asks him why this provision is so far from the will of the legislator, and if the Government wishes to support an adjustment of these provisions with a view to supporting to the national and European recovery plan.

Machine translation from French. The official text remains authoritative.

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