Key Benefits:
Public concerned: legal persons or organizations of the same nature as those mentioned in the articles 794 and 795 the general code of taxes constituted on the basis of a foreign law and whose seat is located in a Member State of the European Union or part of the agreement on the European Economic Area having concluded with France an administrative assistance agreement to combat tax fraud and evasion.
Subject: terms and conditions of the registration procedure and declarative obligations to the above-mentioned legal persons or organizations, allowing the exemption of transfer rights free of charge provided for in the articles 794 and 795 the general tax code for donations and bequests granted to them.
Entry into force: the text comes into force on the day after its publication.
Notice: theArticle 61 of Act No. 2014-1655 of 29 December 2014 for 2014, codified toArticle 795-0 A of the general tax code, establish a procedure for the registration of the above-mentioned legal persons or foreign bodies, issued by the tax administration and allowing them to benefit, during the period of validity, from exemptions of transfer rights free of charge provided for in the articles 794 and 795 the general tax code for donations and bequests granted to them, provided that these gifts and bequests are assigned to activities similar to those referred to in sections 794 and 795 above.
This approval is granted to them provided that they pursue objectives and have similar characteristics to those of which the seat is located in France and meet the conditions set out in sections 794 and 795 above.
The purpose of this decree is to set out the procedures for the application of the accreditation procedure thus established. These new regulatory provisions relating to this accreditation procedure are codified under sections 281 K, 281 L and 281 M of Schedule III to the General Tax Code.
In the absence of a licence, however, the exemption of transfer rights for free is not questioned when these same persons produce, within the time of filing the declaration of succession, gift or authentic act recognizing the donation, the documents attesting, on the one hand, that they pursue objectives and present characteristics similar to the legal persons or organizations of the same nature whose headquarters is located in France meeting the conditions established in France 794 and 795 the general tax code and, on the other hand, that the goods received are assigned to activities similar to those mentioned in the same articles.
The order for the application of this Order sets out the model of the application for approval to be submitted by the above-mentioned legal or foreign bodies, the required supporting documents and the tax department responsible for instructing the application.
References: this text is taken for the application of theArticle 61 of Act No. 2014-1655 of 29 December 2014 Corrigendum for 2014. This Order, together with articles 281 K, 281 L and 281 M of Schedule III to the General Tax Code, which it creates, can be accessed at the Légifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Finance and Public Accounts,
Vu le General Tax Codeincluding Article 795-0 A, and Annex III to this Code, including Articles 281 K to 281 M;
Vu le II of Article 61 of Act No. 2014-1655 of 29 December 2014 for 2014,
Decrete:
Section II, section II, section II, chapter I, Part I, Part I, of Schedule III to the General Tax Code, is supplemented by sections 281 K, 281 L and 281 M as follows:
"Art. 281 K.-The application for approval referred to in I of Article 795-0 A of the general tax code is presented in French on paper, in accordance with a model fixed by order of the minister responsible for the budget, to the central departments of the general direction of public finances by the legal person or body constituted on the basis of a foreign law and having its seat in a Member State of the European Union or in a State party to the agreement on the European Economic Area having concluded with France an administrative assistance agreement to combat tax evasion.
"The supporting documents listed by order of the Minister responsible for the budget and their translation into the French language shall be attached to the application, certifying that the legal person or organization pursues objectives and presents characteristics similar to those of legal persons or organizations whose headquarters is located in France and that meet the conditions set out in the sections 794 and 795 the general tax code.
"Renewal applications are submitted in the same manner.
"Art. 281 L.-I.-The decision is taken by the Minister responsible for the budget and notified to the legal person or body; It is motivated in case of refusal.
"II.-The approval granted under a first application relates to the period between the date of notification and 31 December of the third year following that date.
"Renewal applications are filed, no later than June 30 of the last year covered by the licence. In the event of renewal, the licence will be granted for a three-year period beginning January 1. In the event of a refusal to renew a licence, the current licence will produce its effects until its end.
"III.-The list of legal persons and accredited bodies is published on the website of the tax administration. This list is updated to each accreditation decision.
"IV.-Accreditation may be withdrawn by a reasoned decision of the Minister responsible for the budget when it is established that the legal person or organization, in whole or in part, no longer pursues objectives or presents any characteristics similar to those of legal persons or organizations whose headquarters is located in France and that meet the conditions set out in the sections 794 and 795 the general tax code. This decision is notified to the corporation or agency. The list in III is updated accordingly.
"Art. 281 M.-I.-The value of gifts or bequests to legal persons or organizations referred to in I of Article 795-0 A of the general tax code is indicated separately on the declaration of succession provided for in I of section 800 of the same code or on the declaration of gift referred to in section 757 of the same code or on the authentic act recognizing the donation.
"II.-For the application of II of Article 795-0 A of the general tax codethe documents to be provided within the time limit of filing the declaration of succession, gift or act of donation are those mentioned in the second paragraph of Article 281 K."
The Minister of Finance and Public Accounts and the Secretary of State in charge of the budget are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on April 17, 2015.
Manuel Valls
By the Prime Minister:
Minister of Finance and Public Accounts,
Michel Sapin
The Secretary of State in charge of the budget,
Christian Eckert
