AMORTIZATION
LexInter | March 10, 2004 | 0 Comments

AMORTIZATION

Article 39a

(Decree nº 90-798 of September 10, 1990 art. 1 Official Journal of September 11, 1990)
(Law n ° 2000-1352 of December 30, 2000 art. 9 V finances for 2001 Official Journal of December 31, 2000)
(Decree n ° 2001-435 of May 21, 2001 art. 1 Official Journal of May 23, 2001)
(Law n ° 2003-1312 of December 30, 2003 art. 18 I amending finances for 2003 Official Journal of December 31, 2003)
(Law n ° 2006-1771 of December 30, 2006 art. 79 I amending finances for 2006 Official Journal of December 31, 2006)
   1. Depreciation of capital goods, other than residential buildings, construction sites and premises used for the exercise of the profession, acquired or manufactured from January 1, 1960 by industrial companies, can be calculated according to a declining balance system, taking into account the depreciation period in use in each type of industry. A decree in the Council of State fixes the terms of declining balance.
The declining balance rates are obtained by multiplying the linear depreciation rates by a coefficient fixed at:
a. 1.25 when the normal period of use is three or four years;
b. 1.75 when this normal duration is five or six years;
vs. 2.25 when this normal duration is greater than six years.
Declining balance depreciation applies annually, within the limits of the ceilings, to the residual value of the asset to be depreciated.
These depreciation methods correspond to traditional daily use in terms of duration; in the case of continuous use of the equipment considered, the depreciation rates are increased.
   2. The provisions of 1 are applicable under the same conditions:
1 ° To investments in hotels, furniture and buildings;
2 ° To industrial buildings whose normal duration of use does not exceed fifteen years and whose construction is completed after the date of the publication of Law No. 62-873 of July 31, 1962, excluding, however, buildings having is subject to the exceptional depreciation provided for in 1 of article 39 quinquies A;
3 ° To communication satellites;
4 ° To buildings intended exclusively for hosting exhibitions and conferences and to the equipment assigned to these same buildings.
3. (expired).
4. (Transferred).

NOTE: Law 2006-1771 2006-12-30 art. 79 II: provisions applicable to buildings and equipment acquired or created as of January 1, 2007.

 

 

Article 39 AA

(Law nº 90-1168 of December 29, 1990 art. 29 I, art. 90 II 2 finances for 1991 Official Journal of December 30, 1990)
(Law n ° 2000-1352 of December 30, 2000 art. 20 finances for 2001 Official Journal of December 31, 2000)
(Decree n ° 2001-435 of May 21, 2001 art. 1 Official Journal of May 23, 2001)
(Decree n ° 2002-923 of June 6, 2002 art. 4 Official Journal of June 8, 2002)

The coefficients used for the calculation of declining balance depreciation are respectively increased to 2, 2.5 and 3 depending on whether the normal period of use of the equipment is three or four years, five or six years, or greater than six years. with regard to:
1º (obsolete);
2º a. Equipment intended to save energy and renewable energy production equipment acquired or manufactured by companies as of January 1, 1977 which appear on a list drawn up by joint order of the Minister of the Budget and the Minister responsible for industry ;
b. (expired);
3º (expired);
The provisions provided for in a of 2 ° do not apply to goods for which the order has given rise to the benefit of the tax assistance instituted by laws n ° 75-408 of May 29, 1975 and n ° 75-853 of September 13, 1975
. provisions provided for in 2 ° do not apply for equipment acquired or manufactured from January 1, 1991.
By way of derogation from the provisions of the seventh paragraph, the provisions of this article apply to equipment mentioned in a of 2 ° acquired or manufactured between January 1, 2001 and January 1, 2003.

 

 

Article 39 AA bis

(inserted by Law nº 96-314 of April 12, 1996 art. 30 Official Journal of April 13, 1996)
   The coefficients used for the calculation of the declining balance of the goods mentioned in 1 and 2 of article 39 A are respectively increased to 2.5, 3 and 3.5 depending on whether the normal duration of use of these goods is three or four years, five or six years, or more than six years.
The provisions of the first paragraph are applicable to goods acquired or manufactured between February 1, 1996 and January 31, 1997.
 

Article 39 AA ter

(inserted by Law n ° 2001-1276 of December 28, 2001 art. 25 corrective finances for 2001 Official Journal of December 29, 2001)
   The depreciation applied for the first twelve months following the acquisition or manufacture of the goods mentioned in 1 and 2 of article 39 A acquired or manufactured between October 17, 2001 and March 31, 2002 may be increased by 30%.
These provisions are also applicable to goods of the same nature having been the subject, between these two dates, of a firm order accompanied by the payment of down payments of an amount at least equal to 10% of the total amount of the order and of which the acquisition or manufacture takes place before December 31, 2003.
The provisions of this article are exclusive of the application of those authorizing exceptional depreciation over twelve months.

Article 39 AA quater

(inserted by Law n ° 2001-602 of July 9, 2001 art. 71 Official Journal of July 11, 2001)
   The first wood processing companies are entitled to depreciate, under the conditions defined below, the production and sawing equipment as well as the valuation of forest products.
The depreciation rate which will be applied at the end of the financial years by the companies, for the period 2001-2005, will be the declining depreciation rate in force, on that date, increased by 30%.

Article 39 AA quinquies

(inserted by Law n ° 2003-1311 of December 30, 2003 art. 100 I finances for 2004 Official Journal of December 31, 2003)
   The coefficients used for the calculation of the declining balance of materials and tools used in scientific and technical research operations mentioned in a of II of article 244 quater B are respectively increased to 1.5, 2 and 2.5 according to that the normal period of use of these goods is three or four years, five or six years or more than six years.
 

 

Article 39 AB

(Law nº 90-1168 of December 29, 1990 art. 90 II 1 finances for 1991 Official Journal of December 30, 1990)
 

(Law n ° 92-1376 of December 30, 1992 art. 21 finances for 1993 Official Journal of December 31, 1992 in force on January 1, 1993)
 

(Law nº 94-1162 of December 29, 1994 art. 67 I finances for 1995 Official Journal of December 30, 1994)
 

(Law n ° 95-1346 of December 30, 1995, art. 78 finances for 1996 Official Journal of December 31, 1995)
 

(Law nº 98-1266 of December 30, 1998 art. 97 I 1, 2 finances for 1999 Official Journal of December 31, 1998)
 

(Law n ° 2000-1352 of December 30, 2000 art. 21 finances for 2001 Official Journal of December 31, 2000)
 

(Law n ° 2001-1275 of December 28, 2001 art. 14 I b finances for 2002 Official Journal of December 29, 2001)
 

(Law n ° 2006-1771 of December 30, 2006 art. 28 amending finances for 2006 Official Journal of December 31, 2006)

Equipment intended to save energy and equipment for the production of renewable energies which appear on a list drawn up by joint order of the Minister of the Budget and the Minister of Industry, acquired or manufactured before January 1, 2008, may do so. subject to exceptional depreciation over twelve months from their entry into service.

 

 

Article 39 AC

(Law n ° 91-1322 of December 30, 1991 art. 20 finances for 1992 Official Journal of December 31, 1991)
 

(Law n ° 94-1162 of December 29, 1994 art. 67 II, 68 finances for 1995, Official Journal of December 30, 1994)
 

(Law nº 96-1236 of December 30, 1996 art. 29 I, art. 30 Official Journal of January 1, 1997)
 

(Decree nº 97-661 of May 28, 1997 art. 1 Official Journal of June 1, 1997
 

(Law nº 98-1266 of December 30, 1998 art. 46 I finances for 1999 Official Journal of December 31, 1998)
 

(Decree n ° 99-382 of May 18, 1999 art. 1 Official Journal of May 20, 1999)
 

(Ordinance n ° 2000-930 of September 22, 2000 art. 1, art. 7 Official Journal of September 24, 2000)
 

(Decree n ° 2002-923 of June 6, 2002 art. 4 Official Journal of June 8, 2002)
 

(Law n ° 2002-1575 of December 30, 2002 art. 81 1st finance for 2003 Official Journal of December 31, 2002)
 

(Law n ° 2005-1719 of December 30, 2005 art. 17 II, art. 111 finances for 2006 Official Journal of December 31, 2005 in force on January 1, 2006)
 

(Law n ° 2006-1771 of December 30, 2006 art. 27 I amending finances for 2006 Official Journal of December 31, 2006)

Land motor vehicles whose driving requires the possession of a driving license mentioned in Article L. 223-1 of the Highway Code, as well as mopeds, acquired in new condition before January 1, 2010 , and which operate, exclusively or not, by means of electric power, vehicle natural gas, liquefied petroleum gas or E85 superethanol mentioned in 1 of table B of 1 of article 265 of the customs code, can be subject to exceptional depreciation over twelve months from the date of their first entry into service.
However, for the vehicles mentioned in the first paragraph registered in the category of passenger cars, this provision applies to the fraction of the purchase price which does not exceed the limits mentioned in a of 4 of article 39.

NOTE: Law 2006-1771 2006-12-30 art. 27 VIII: provisions applicable to vehicles operating, exclusively or not, by means of E85 superethanol mentioned in 1 of Table B of 1 of Article 265 of the Customs Code or to specific equipment intended for the storage and distribution of this same fuel acquired from January 1, 2007.

 

 

Article 39 AD

(Law nº 96-1236 of December 30, 1996 art. 29 II ab Official Journal of January 1, 1997)
 

(Law n ° 98-1266 of December 30, 1998 art. 46 II finances for 1999 Official Journal of December 31, 1998)
 

(Law n ° 2002-1575 of December 30, 2002 art. 81 3 ° finances for 2003 Official Journal of December 31, 2002)
 

(Law n ° 2005-1719 of December 30, 2005 art. 111 finances for 2006 Official Journal of December 31, 2005)
 

(Law n ° 2006-1771 of December 30, 2006 art. 27 III corrective finances for 2006 Official Journal of December 31, 2006)

The accumulators necessary for the operation of vehicles operating, exclusively or not, by means of electrical energy and the specific equipment allowing the use of electricity, natural gas or liquefied petroleum gas for the propulsion of vehicles which also operate by means of other energy sources, may be subject to exceptional depreciation over twelve months from the date of commissioning of this equipment.
These provisions are applicable to accumulators and equipment acquired or manufactured between January 1, 2003 and January 1, 2010.
NOTE: Law 2006-1771 2006-12-30 art. 27 VIII: provisions applicable to vehicles operating, exclusively or not, by means of E85 superethanol mentioned in 1 of Table B of 1 of Article 265 of the Customs Code or to specific equipment intended for the storage and distribution of this same fuel acquired from January 1, 2007.

 

 

Article 39 AE

(Law nº 96-1236 of December 30, 1996 art. 29 III ab Official Journal of January 1, 1997)
 

(Law nº 2002-1575 of December 30, 2002 art. 81 4º finances for 2003 Official Journal of December 31, 2002)
 

(Law n ° 2005-1719 of December 30, 2005 art. 111 finances for 2006 Official Journal of December 31, 2005)
 

(Law n ° 2006-1771 of December 30, 2006 art. 27 II corrective finances for 2006 Official Journal of December 31, 2006)

Equipment specifically intended for the storage, compression and distribution of vehicle natural gas, liquefied petroleum gas or E85 superethanol mentioned in 1 of table B of 1 of article 265 of the customs code and charging installations electric vehicles mentioned in the first paragraph of article 39 AC may be subject to exceptional depreciation over twelve months from their entry into service.
These provisions are applicable to equipment acquired between January 1, 2003 and January 1, 2010.
NOTE: Law 2006-1771 2006-12-30 art. 27 VIII: provisions applicable to vehicles operating, exclusively or not, by means of E85 superethanol mentioned in 1 of Table B of 1 of Article 265 of the Customs Code or to specific equipment intended for the storage and distribution of this same fuel acquired from January 1, 2007.

 

 

Article 39 AF

(Law nº 96-1236 of December 30, 1996 art. 29 IV Official Journal of January 1, 1997)
 

(Law nº 98-1266 of December 30, 1998 art. 46 IV finances for 1999 Official Journal of December 31, 1998)
 

(Law n ° 2002-1575 of December 30, 2002 art. 81 1st finance for 2003 Official Journal of December 31, 2002)
 

(Law n ° 2005-1719 of December 30, 2005 art. 111 finances for 2006 Official Journal of December 31, 2005)
 

(Law n ° 2006-1771 of December 30, 2006 art. 27 III corrective finances for 2006 Official Journal of December 31, 2006)

To benefit from the exceptional depreciation mentioned in articles 39 AC, 39 AD and 39 AE, vehicles, accumulators, equipment or materials which are rented must be acquired before January 1, 2010 by companies or organizations subject to tax. on companies, by right or on option.

NOTE: Law 2006-1771 2006-12-30 art. 27 VIII: provisions applicable to vehicles operating, exclusively or not, by means of E85 superethanol mentioned in 1 of Table B of 1 of Article 265 of the Customs Code or to specific equipment intended for the storage and distribution of this same fuel acquired from January 1, 2007.

 

 

Article 39 GA

(inserted by Law n ° 2001-1168 of December 11, 2001 art. 19 I Official Journal of December 12, 2001)
   Equipment intended exclusively for the collection of cash and payments by checks and cards in euros may be subject to exceptional depreciation over twelve months from their entry into service.
The costs of adapting the fixed assets required by the changeover to the euro constitute deductible charges for the year of their commitment.
These provisions apply to companies whose turnover for the current financial year during the acquisition of equipment is less than € 7,622,450.86 and whose fully paid-up capital is held continuously, for 75%. at least, by natural persons or by a company meeting these same conditions.
   NOTE: These provisions apply to equipment acquired in 2000 or 2001 for fiscal years ending as of the entry into force of Law No. 2001-1168 of December 11, 2001 (art. 19 II) published in the Official Journal of December 12, 2001.

Article 39 AH

(inserted by Law n ° 2001-1275 of December 28, 2001 art. 15 I finances for 2002 Official Journal of December 29, 2001)   I. – Equipment likely to benefit from the declining balance provided for in article 39 A and buildings constructed to house confined laboratories, which are mainly devoted to research or development of treatments against human infectious diseases or diseases infectious diseases likely to have an impact on human health or rare diseases and which seriously affect the populations of countries not members of the Organization for Economic Co-operation and Development may be subject to exceptional amortization over twelve months at from the date of their entry into service.
The list of diseases and the characteristics of the confinement of the laboratories mentioned in the first paragraph are fixed by a joint order of the Minister in charge of health and the Minister in charge of the Budget.
II. – If these materials or buildings are used primarily, before the end of their normal period of use, for research and development operations other than those referred to in I, the fraction of the depreciation applied in excess of the allocations that the The company could have deducted in the absence of the provisions of I is reported to the result of the financial year during which the change in allocation occurred. The residual depreciation of this equipment or buildings is carried out under the conditions of common law (1).
   (1) These provisions are applicable to goods acquired or manufactured between January 1, 2001 and December 31, 2005 for fiscal years ending on or after December 31, 2001.

Article 39 AI

(inserted by Law n ° 2001-1276 of December 28, 2001 art. 26 corrective finance for 2001 Official Journal of December 29, 2001)
   Security installations intended to ensure the safety of the company or the protection of personnel carried out or ordered before March 31, 2002 in companies with a turnover of less than 7.63 million euros may be subject to exceptional amortization over twelve months from the date of their entry into service.

Article 39 AK

(inserted by Law n ° 2006-1771 of December 30, 2006 art. 63 I amending finance for 2006 Official Journal of December 31, 2006)

Equipment and installations acquired or created, between November 15, 2006 and December 31, 2009, with a view to meeting legal or regulatory compliance obligations, by companies operating in the hotels, cafes and restaurants sector, to the exclusion of non-tourist collective accommodation and collective catering activities may be subject to exceptional depreciation over twenty-four months from the date of their entry into service.
The legal or regulatory compliance obligations mentioned in the first paragraph relate to hygiene, safety, soundproofing, fire protection, tobacco control or improving accessibility for people with disabilities. . Expenses for the renewal of equipment and installations that are already up to standard are excluded from this mechanism.
This article applies within the limits and conditions provided for in Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid.

NOTE: Law 2006-1771 2006-12-30 art. 63 VII Amending finances for 2006: provisions applicable for determining the results of the financial years ending on or after December 31, 2006.

 

 

Article 39 B

(Edition of July 1, 1979))
(Law n ° 2003-1311 of December 30, 2003 art. 89 I b finances for 2004 Official Journal of December 31, 2003)

At the end of each financial year, the sum of the depreciation actually applied since the acquisition or creation of a given item may not be less than the cumulative amount of depreciation calculated according to the straight-line method and spread over the normal period of use. Failing to comply with this obligation, the company definitively loses the right to deduct the fraction of depreciation which has been deferred in this way.

 

 

Article 39c

(Law n ° 89-935 of December 29, 1989 art. 22 II, 2 finances for 1990 Official Journal of December 30, 1989; Direct modification incorporated in the edition of June 15, 1990)
 

(Law n ° 95-115 of February 4, 1995, art. 57 II XIV Official Journal of February 5, 1995)
 

(Law n ° 98-546 of July 2, 1998 art. 77 I Official Journal of July 3, 1998)
 

(Law n ° 99-1173 of December 30, 1999 art. 29 amending finances for 1999 Official Journal of December 31, 1999 in force on January 1, 2000)
 

(Ordinance nº 2000-1223 of December 14, 2000 art. 4 I 47º Official Journal of December 16, 2000 in force on January 1, 2001)
 

(Law n ° 2003-1312 of December 30, 2003 art. 50 I amending finance for 2003 Official Journal of December 31, 2003)
 

(Law n ° 2004-1485 of December 30, 2004 art. 97 I amending finances for 2004 Official Journal of December 31, 2004)
 

(Law n ° 2006-1771 of December 30, 2006 art. 77 I amending finance for 2006 Official Journal of December 31, 2006)
 

(Decree nº 2007-484 of March 30, 2007 art. 1 Official Journal of March 31, 2007)

I. The depreciation of goods rented out or made available in any other form is spread over the normal period of use according to the terms set by decree of the Council of State.
By way of derogation from the provisions of the first paragraph, companies leasing goods under the conditions provided for in 1 and 2 of Article L. 313-7 of the Monetary and Financial Code and those carrying out rental operations with option to purchase may , optionally, spread the depreciation of these assets over the term of the corresponding leasing or rental contracts with option to purchase. The depreciation charge for each financial year is then equal to the fraction of the rent acquired for that financial year, which corresponds to the depreciation of the capital committed for the acquisition of the leased goods.
If the option mentioned in the second paragraph is exercised, it applies to all the goods assigned to leasing or rental operations with an option to purchase. However, the companies mentioned in article 30 of law n ° 80-531 of July 15, 1980 relating to energy savings and the use of heat may exercise this option contract by contract.
II. – 1. In the event of leasing or making available in any other form of property located or operated or registered in France or in another State party to the agreement on the European Economic Area which has concluded a tax convention with France containing an administrative assistance clause with a view to combating fraud or tax evasion, granted by a company subject to the regime provided for in Article 8, by a co-ownership referred to in Article 8 quater or 8 quinquies or by a group within the meaning of articles 239 quater, 239 quater B, 239 quater C or 239 quater D, the amount of the depreciation of these goods or of the co-ownership shares is allowed as a deduction from the taxable result.
The fraction of the deficits of the companies, joint ownerships or groups mentioned in the first paragraph corresponding to the amount of depreciation allowances deducted, under the conditions defined in the same paragraph, for the first twelve months of depreciation of the property is deductible up to a quarter of the profits. taxable at the rate of tax on ordinary companies that each partner, co-owner, member or, where applicable, group within the meaning of article 223 A to which he belongs withdraws from the rest of his activities.

In the event of leasing or making available in any other form of property located or operated or registered in a State which is not party to the agreement on the European Economic Area or which has not concluded with France a tax agreement containing an administrative assistance clause to fight against fraud or tax evasion, granted by the companies, condominiums or groups mentioned in the first paragraph, the amount of the depreciation of these assets or co-ownership shares is allowed as a deduction from taxable income, for the same financial year, within the limit of the amount of rent acquired, or the share of the result of the co-ownership,minus the amount of other charges relating to these assets or shares.
The limitation on depreciation provided for in the first and third paragraphs and on the amount of deficits provided for in the second paragraph does not apply to the portion of the result attributable to companies using the goods, when the rental or provision is not indirectly granted by a natural person.
2. In the event of rental or provision in any other form of goods granted directly or indirectly by a natural person, the amount of the depreciation of these goods or co-ownership shares is allowed as a deduction from the taxable result, under ” the same financial year, within the limit of the amount of the rent acquired, or of the share of the result of the co-ownership, less the amount of other charges relating to these goods or shares.
3. Depreciation regularly recognized for a financial year and not deductible from the result of this financial year in application of 1 or 2 can be deducted from the result of the following years, under the conditions and limits provided for by these 1 or 2.
When the property ceases to be rented out or made available during a financial year, the non-deductible depreciation in application of 1 or 2 and which could not be deducted according to the methods provided for in the first paragraph is deducted from the benefit of this exercise. If this profit is not sufficient for the deduction to be made in full, the excess depreciation is carried forward and deducted from the profits of the following years.
In the event of the sale of this asset, the depreciation not deducted in application of 1 or 2 increases the net book value taken into account for the calculation of the capital gain or the capital loss on the sale.
The fraction of the deficits not allowed in deduction in application of the second paragraph of 1 may be deducted from the profit of the following years, subject to the limit provided for in the same paragraph for the first twelve months of depreciation of the asset.

 


Article 39 CA

(Law n ° 98-546 of July 2, 1998 art. 77 II III Official Journal of July 3, 1998)
(Law n ° 98-1266 of December 30, 1998 art. 90 II III finances for 1999 Official Journal of December 31, 1998)
(Decree n ° 2002-923 of June 6, 2002 art. 4 Official Journal of June 8, 2002)

The provisions of the second paragraph of article 39 C are not applicable to determine the share of taxable income according to the terms provided for in article 238 bis K on behalf of partners, co-owners or members subject to corporation tax, when the following conditions are met:
1 ° The property is movable property depreciable on a declining balance basis over a period of at least eight years and which has not given rise to the deduction provided for in I of article 217 undecies;
2 ° The user of these goods is a company which exploits them within the framework of its usual activity and is likely to acquire the property on a permanent basis;
3 ° The acquisition of the property has received the prior approval of the Minister responsible for the budget.

a) If the purchase price of the good corresponds to the market price taking into account its characteristics and if the investment presents from the point of view of the general interest, particularly in terms of employment, a significant economic and social interest;
b) If the user demonstrates that the good is necessary for its operation and that the financing methods chosen are determined by concerns other than fiscal or accounting;
c) If at least two-thirds of the benefit corresponding to the balance of positive or negative discounted values ​​relating respectively to additional tax reductions or contributions, with regard to those resulting from the application of the provisions of the second paragraph of the article 39 C, following the taking into account by the partners, co-owners or members of the profit shares subject to the provisions of this article, are retroceded to the user in the form of a reduction in the rent or a reduction in the amount of the option of ‘purchase. The amount of the benefit that must be retroceded is determined when the authorization is issued.
The acquisition price taken into account for the calculation of the depreciation is equal to the sale price included in the base of the corporation tax or the income tax of the builder, increased by the ancillary costs necessary for making the property ready for use. The coefficient used for the calculation of declining balance is increased by one point.
The deficits of the financial years of the companies, co-ownerships or groups mentioned in the second paragraph of article 39 C, the results of which are affected by the depreciation allowances recorded for the first twelve months of depreciation of the asset, are only deductible height of a quarter of the profits taxable at the rate of tax on ordinary companies, which each partner, co-owner, member or, where applicable, group within the meaning of article 223 A to which he belongs, withdraws from the rest of his activities .
The goods must be kept until the expiration of the rental or provision contract.

The partners, co-owners or members undertake, within the framework of the authorization, to keep until the expiry of the rental or provision contract the shares they hold, directly or indirectly, in these companies, condominiums or groups. This condition ceases to be met when the associated company, co-owner or member, leaves the tax group within the meaning of article 223 A, the overall result of which has been affected by the application of this article to this associated company, co-owner. or member.
However, at the express request of the taxpayer, the approval decision provides that the early sale of the property or of the shares of companies, joint ownerships or groups does not entail additional taxation on companies,
a) the transfer is made for the benefit of the user of the good, whose identity is mentioned in the approved project;
b) two-thirds of the normal useful life of the asset has elapsed;
c) the actual user of the good demonstrates that, taking into account the cost of the latter, he is not in a position to acquire it directly without compromising the financial equilibrium of the enterprise;

d) this user is able to guarantee the sustainability of the operation of the asset until the planned expiry date of the initial rental contract or the provision of the asset.
In the event of a subsequent transfer of the good by the user before the expiration of its normal period of use assessed on the date of its effective commissioning, the capital gain exempted in application of the thirteenth to seventeenth paragraphs is imposed on the for the financial year during which it was carried out, in the name of the user benefiting from the retroceded advantage and determined when the authorization is issued. The corresponding amount of tax is accompanied by the late payment interest referred to in article 1727.
A decree of the Council of State specifies the methods of application of this article.

Article 39d

(inserted by Edition of July 1, 1979))
   The depreciation of constructions and installations built on the land of others must be spread over the normal period of use of each element.
This provision is not applicable in the event of a construction lease entered into under the conditions provided for in Articles L 251-1 to L 251-8 of the Construction and Housing Code.

Article 39e

(Law nº 90-1168 of December 29, 1990 art. 105 II finances for 1991 Official Journal of December 30, 1990)
(Law n ° 77-1467 of December 30, 1977 art. 73 finances for 1978 Official Journal of December 31, 1977)
(Law nº 90-1168 of December 29, 1990 art. 105 II finances for 1991 Official Journal of December 30, 1990)

Each member of the co-ownerships of vessels mentioned in article 8 quater amortizes the cost price of his share of the property according to the terms and conditions laid down for vessels; for the determination of capital gains, the depreciation applied is deducted from the cost price.
For the depreciation of the ownership shares of ships, the cost price is reduced by the amount of the deduction made in application of the provisions of article 163 vitiated. For the determination of capital gains, this deduction is considered as regularly practiced depreciation.
The provisions of the first paragraph apply to fiscal years beginning on or after January 1, 1978. The depreciation deducted for tax purposes by the joint ownership for previous fiscal years are distributed among the joint owners in proportion to their rights in order to determine, for each share of ownership, the residual value remaining to be amortized.

Article 39F

(inserted by Law nº 92-1476 of December 31, 1992 art. 76 I amending finance for 1992 Official Journal of January 5, 1993)

Each member of the racehorse or stallion co-ownership mentioned in article 8 quinquies amortizes the cost price of his share of the property according to the terms and conditions provided for the horses; for the determination of capital gains, the depreciation applied is deducted from the cost price.
The provisions of the first paragraph apply to fiscal years beginning on or after January 1, 1992. The depreciation deducted for tax purposes by the co-ownership for previous years are distributed among the co-owners in proportion to their rights in order to determine, for each part of the property, the residual value remaining to be amortized.

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