Key Benefits:
Publics concerned: companies and individuals who benefit from securities options, free shares and subscription vouchers from corporate creators.
Subject: definition of declarative obligations relating to the options for subscription or purchase of shares and modification of the declarative obligations relating to free shares and subscription vouchers of corporate creator shares.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree adapts sections 91 bis and 91 ter of Schedule II to the general tax code so that they remain applicable only to situations born before the repeal, for the attributions of securities options and free shares made as of September 28, 2012, of theArticle 163 bis C of the General Tax Code by theArticle 11 of Act No. 2012-1509 of 29 December 2012 Finance for 2013.
It also defines the reporting obligations regarding the options for subscription or purchase of shares and the assignments of free shares and subscription vouchers of corporate creator shares governed by the articles 80 bis, 80 quaterdecies and 163 bis G the general tax code, as amended by section 11 of the Financial Act for 2013 above mentioned.
It also exempts taxpayers, in all cases, from attaching supporting documents to their tax return.
References: Articles 91 bis and 91 ter of Schedule II to the General Code of Taxes and Articles 38-0 septdecies, 38 septdecies and 41 V bis of Schedule III to the same Code are available, in their drafting from this Order, on 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 articles 80 bis, 80 quaterdecies, 87, 163 bis G and 182 A ter, its annex II, including articles 91 bis and 91 ter and its annex III, including articles 38-0 septdecies, 38 septdecies, 39 and 41 V bis;
The State Council (Finance Section) heard,
Decrete:
Appendix II to the General Tax Code is amended as follows:
A. - Article 91 bis:
1° to 1° of I :
(a) The first paragraph is replaced by the following:
"The company or company referred to in 2° shall issue an individual status to the recipients of the securities options granted until September 27, 2012 under the conditions provided for in I of Article 163 bis C of the General Tax Code in its earlier writing than that resulting from theArticle 11 of Act No. 2012-1509 of 29 December 2012 Financial for 2013, no later than March 1 of the year of filing of their income tax return under the year of lifting of the options. Recipients must keep it until the recovery period expires and submit it upon request from the tax administration. » ;
(b) The a is supplemented by the words: "in his writing earlier than that resulting from the Act No. 2012-1509 of 29 December 2012 for 2013, for the securities options awarded until September 27, 2012 »;
(c) The last paragraph is deleted;
2° In II:
(a) The first sentence of 1° is replaced by the following:
"In the event of a carrier conversion, lease or assignment of shares from assigned securities options until September 27, 2012, before the end of the unavailability period provided for in the I of Article 163 bis C of the General Tax Code in its earlier writing than that resulting from theArticle 11 of Act No. 2012-1509 of 29 December 2012 finance for 2013, the company... (the rest without change) » ;
(b) The first sentence of 2° is replaced by the following:
"In the event of an exchange without relief of shares from securities options issued until September 27, 2012 and resulting from an operation referred to in I bis of Article 163 bis C of the General Tax Code in its earlier writing than that resulting from theArticle 11 of Act No. 2012-1509 of 29 December 2012 finance for 2013, the company... (the rest without change) » ;
3° In the third paragraph of the second paragraph of the I and the first paragraph of the 1st and 2nd paragraph of the II, after the words "tax service" are inserted the words "businesses".
B. - The first paragraph of section 91 ter is replaced by the following provisions:
"The recipient of issued securities options up to September 27, 2012 can exceptionally dispose of shares before the end of the unavailability period fixed to I of Article 163 bis C of the General Tax Code in its earlier writing than that resulting from theArticle 11 of Act No. 2012-1509 of 29 December 2012 for 2013, without losing the benefit of the provisions provided for in this article, in the following situations:".
Appendix III to the same code is amended as follows:
A. - Section I, VI of Chapter I, title 1 of Part I:
1° The title of 0-A is supplemented by the words "to 27 September 2012";
2° The A is entitled: "Free title and shares options for employees or social agents as of September 28, 2012".
B. - Article 38-0 septdecies:
1° to 1° of I :
(a) The first paragraph is replaced by the following:
"The company or company referred to in 2° shall issue an individual state to the beneficiaries of free shares issued until September 27, 2012 under the conditions provided by thearticle 80 quaterdecies of the General Tax Code in its earlier writing than that resulting from theArticle 11 of Act No. 2012-1509 of 29 December 2012 for 2013, no later than March 1 of the year of filing of their income tax return under the year of final acquisition of these shares. Recipients must keep it until the recovery period expires and submit it at the request of the tax administration. » ;
(b) The a is supplemented by the words: "in his writing earlier than that resulting from theArticle 11 of Act No. 2012-1509 of 29 December 2012 for 2013, for free shares awarded until September 27, 2012 »;
(c) The last paragraph is deleted;
2° In the first paragraph of the second paragraph of the I, after the words: "Article 80 quaterdecies of the general code of taxes" are inserted the words: "in its writing earlier than that resulting from theArticle 11 of Act No. 2012-1509 of 29 December 2012 Financial for 2013 »;
3° In II:
(a) The first sentence of 1° is replaced by the following:
"In case of lease or assignment of free shares issued until September 27, 2012 before the end of the unavailability period provided for in I of Article 80 quaterdecies of the General Tax Code in its earlier writing than that resulting from theArticle 11 of Act No. 2012-1509 of 29 December 2012 finance for 2013, the company... (the rest without change) » ;
(b) The first sentence of 2° is replaced by the following:
"In case of exchange without relief of free shares issued until September 27, 2012 and resulting from an operation mentioned to second paragraph of Article 80 quaterdecies of the General Tax Code in its earlier writing than that resulting from theArticle 11 of Act No. 2012-1509 of 29 December 2012 finance for 2013, the company... (the rest without change) » ;
4° In the third paragraph of the second paragraph of the I and the first paragraph of the 1st and 2nd paragraph of the II, after the words "tax service" are inserted the words "businesses".
C. - Section 38 septdecies is replaced by the following provisions:
"Art. 38 septdecies. - I. The company or company referred to in 2° shall issue an individual status to the beneficiaries of securities options or free shares issued as of September 28, 2012 under the conditions provided for by section 80 bis and by thearticle 80 quaterdecies of the General Tax Code, no later than March 1 of the year of filing of their income tax return under the year of the lifting of the options or the final acquisition of the free shares. Recipients must keep it until the recovery period expires and submit it at the request of the tax administration.
"This state mentions:
“(a) The object for which it is established:
"Security Options: Application of theArticle 80 bis of the General Tax Code ;
"Free Actions: Application of thearticle 80 quaterdecies of the General Tax Code ;
“(b) The social reason and the head office of the securities-producing company and, where applicable, that of the company that establishes the state;
"(c) The identity and address of the recipient;
"(d) For securities options, the number, purchase or subscription price and the value of the shares acquired on the date of the lifting of the options; for free shares, the number of shares acquired and their unit value on the date of final acquisition;
“e) The fraction of the French source of the title option lifting gain or the final acquisition gain of free shares;
“(f) The dates of attribution and removal of the options and the dates of attribution and final acquisition of the shares awarded free of charge;
“(g) When provisions of Article 80 bis of the General Tax Code find to apply, the amount of the difference defined in this article;
« 2° For the securities options, the issuing company that has its head office in France and in which the beneficiary of the securities options exercises its activity or the company mentioned in the III of Article 80 bis of the General Tax Code transmits to the tax administration, in the declaration provided for in section 87 of the same code, the information referred to in paragraph 2 of Article 39 of this annex.
"For free shares, the issuing company that has its head office in France and in which the beneficiary of free shares operates or the company mentioned in the IV of Article 80 quaterdecies of the General Tax Code transmits to the tax administration, in the declaration provided for in section 87 of the same code, the information referred to in paragraph 2 of Article 39 of this annex.
"When the recipient operates in a business different from the corporation or business referred to in the preceding paragraphs at the time of the lifting of the options or the final acquisition of the free shares, the information shall be transmitted, in the same manner, by the company in which the beneficiary carries out its activity when it has the necessary information.
"In the other cases, the issuing company or the company referred to in the first two paragraphs of this 2nd address to the service of the taxes of the enterprises to which it reports, no later than 1 March of the year following that in the course of which the lifting of the options or the final acquisition, a duplicate of the individual state referred to in 1st;
« 3° Where shares derived from securities options or permanently acquired free shares are entered on a securities account that is not held by the company or company referred to in 2°, the corporation shall communicate, no later than 1 March of the year following that of the lifting of the options or of the final acquisition of the free shares, either when the holder intervenes before that date, a copy of the establishment to be held on the basis ofarticle 182 A ter of the general tax code.
"In the event of the transfer of securities to another account, the establishment referred to in the preceding paragraph shall transmit a copy of the duplicate to the new detainee at the source.
“II. - In case of exchange without relief of shares resulting from an operation mentioned, for shares derived from title options issued from September 28, 2012, to II bis of Article 80 bis of the General Tax Code and, for the free shares issued as of September 28, 2012 and definitively acquired, in the III of article 80 quaterdecies of the same code, the company or company mentioned in the 2nd of the I of this article addresses to the service of the taxes of the enterprises to which it reports, no later than March 1 of the year following that during which the operation took place, an individual state that mentions the date and the nature of the transactions
"It shall transmit a copy of this condition to the holder of free options or shares and, if any, to the establishment referred to in 3° of I."
D. - At the 2nd of Article 39:
1° i is supplemented by the words: "and article 38 septdecies of this annex";
2° The j is supplemented by the words "and article 38 septdecies".
E. - 1st of Article 41 V bis:
1° The first paragraph is replaced by the following:
"The company mentioned in the 2nd issue an individual state to the beneficiaries of the subscription vouchers from the company creator shares mentioned in theArticle 163 bis G of the General Tax Code, no later than March 1 of the year of filing of their income tax return under the year of year of the vouchers. Recipients must keep it until the recovery period expires and submit it at the request of the tax administration. » ;
2° The last paragraph is deleted.
The provisions of Article 2 may be amended by decree.
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 July 31, 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
