Lease Credit Operations
LexInter | January 21, 2003 | 0 Comments

Lease Credit Operations

XVI: Leasing operations
1 °: Leasing transactions carried out by real estate companies for trade and industry and companies approved for the financing of energy savings

Article 239 sexies
 

(Law n ° 90-1168 of December 29, 1990 art. 96 II 1 Finances for 1991))

(Law n ° 90-1169 of December 29, 1990 art. 17 III, VI amending finance for 1990 Official Journal of December 30, 1990)

(Law n ° 94-1163 of December 29, 1994 art. 45 amending finance for 1994 Official Journal of December 30, 1994)

(Law n ° 95-115 of February 4, 1995, art. 57 VII XIV Official Journal of February 5, 1995)
I When the purchase price, by the tenant, of the building leased by a leasing contract concluded with a real estate company for commerce and industry is lower than the difference between the value of the building when signing the contract and the total amount of depreciation that the tenant could have practiced if he had been the owner of the property since that date, the tenant acquiring is required to reintegrate, in the results of his company relating to the financial year in progress at the time of the sale, the fraction of the rents paid during the period during which the interested party was the holder of the contract and corresponding to the said difference less the price of the sale of the building.The amount thus determined is reduced by the shares of non-deductible rents in application of the provisions of 10 of article 39.
However, when the duration of the leasing contract is at least fifteen years, this reinstatement is limited to the difference between the cost price of the land on which the construction was built and the sale price of the building at tenant.
This provision does not apply to transactions concluded from January 1, 1991 other than those mentioned in the second paragraph of 3 ° quater of article 208.

II. Real estate companies for trade and industry are required to provide the tenant-purchaser as well as the administration, at the end of the lease, with the information necessary to establish the taxes provided for in I.

2 °: Leasing transactions with lessors other than SICOMIs
Article 239 sexies B
(Law n ° 89-935 of December 29, 1989 art. 22 II 1 finances for 1990 Official Journal of December 30, 1989 article created directly and incorporated in the edition of June 15, 1990)

(Law n ° 89-935 of December 29, 1989 art. 22 IV finances for 1990 Official Journal of December 30, 1989)

(Law n ° 94-1163 of December 29, 1994 art. 45 II, III corrective finances for 1994, Official Journal of December 30, 1994)
The provisions of the first paragraph of I and those of paragraph II of article 239 sexies are applicable to tenants who acquire buildings which are leased to them by companies or organizations other than real estate companies for trade and industry.
A decree fixes the modalities of application of the provisions of this article as well as the reporting obligations.

3 °: Depreciation of goods acquired at the end of a leasing contract
Article 239 sexies C
(Law n ° 89-935 of December 29, 1989 art. 22 II 1 finances for 1990 Official Journal of December 30, 1989 article created directly and incorporated in the edition of June 15, 1990)

(Law n ° 89-935 of December 29, 1989 art. 22 IV finances for 1990 Official Journal of December 30, 1989 incorporated by decree 90-798 on June 15, 1990)

(Law n ° 90-1169 of December 29, 1990 art. 17 IV 1, 2, VI corrective finances for 1990 Official Journal of December 30, 1990 modification made by decree 91-883 on June 24, 1991)

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

(Law n ° 99-1173 of December 30, 1999 art. 29 I 1 °, III amending finances for 1999 Official Journal of December 31, 1999)

PROVISIONS APPLICABLE TO CONTRACTS CONCLUDED UNTIL December 31, 1995.
The cost price of the good acquired at the end of a financial lease contract is increased by the sums reinstated in application of articles 239 sexies and 239 sexies B. The fraction of the price which exceeds, where applicable, the purchase price of the land, by the lessor, regarded as the cost price of the constructions, is depreciated under the conditions mentioned in 2 ° of 1 of article 39.
When the acquiring tenant has acquired the rights attached to the contract from a previous tenant, the cost of the buildings and that of the land as defined in the first paragraph are respectively increased by the fraction of the acquisition price of the rights. which corresponds to each of these elements.
A decree fixes the modalities of application of the provisions of this article as well as the reporting obligations.

PROVISIONS APPLICABLE TO CONTRACTS CONCLUDED FROM 1 JANUARY 1996.
The cost price of the property acquired at the end of a leasing contract is increased by the shares of non-deductible rents in application of the provisions of 10 of article 39 and by the sums reinstated in application of articles 239 sexies. and 239 sexies B. The fraction of the price which exceeds, if applicable, the purchase price of the land by the lessor, regarded as the cost price of the constructions, is depreciated under the conditions mentioned in 2 ° of 1 of the article 39. However, for the buildings referred to in the second paragraph of 10 of article 39, the cost price of the constructions is depreciated over the normal period of use of the property remaining to run on that date since its acquisition by the lessor. For these last buildings,
When the acquiring tenant has acquired the rights attached to the contract from a previous tenant, the cost of the buildings and that of the land as defined in the first paragraph are respectively increased by the fraction of the acquisition price of the rights. which corresponds to each of these elements.
A decree fixes the modalities of application of the provisions of this article as well as the reporting obligations.

 

4 °: Provisions applicable to certain contracts concluded for buildings located in priority areas for land use planning
 
(

Article 239 sexies D

(Law nº 95-115 of February 4, 1995, art. 57 IX XIV Official Journal of February 5, 1995)

(Law nº 96-987 of November 14, 1996 art. 6 II Official Journal of November 14, 1996)

(Law nº 2000-1353 of December 30, 2000 art. 27 I amending finances for 2000 Official Journal of December 31, 2000)

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

(Law n ° 2005-157 of February 23, 2005 art. 2 III Official Journal of February 24, 2005)

(Law n ° 2006-1771 of December 30, 2006 art. 87 VIII corrective finances for 2006 Official Journal of December 31, 2006)

Notwithstanding the provisions of I of article 239 sexies and those of article 239 sexies B, tenants meeting the conditions of a and b of article 39 quinquies D are exempt from any reinstatement on the occasion of the disposal of buildings for industrial and commercial use leased under a leasing contract with an effective term of at least fifteen years.
These provisions apply to transactions concluded between January 1, 1996 and December 31, 2013 for the rental, through a leasing contract, of buildings located in regional aid zones, in rural revitalization zones. defined in II of article 1465 A and in the urban revitalization zones defined in I ter of article 1466 A;
This article applies under the conditions and within the limits provided for in Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid in favor of small and medium-sized enterprises for buildings located in rural revitalization zones or in urban revitalization zones, and under the conditions and limits provided for by Commission Regulation (EC) No 1628/2006 of 24 October 2006 concerning the application of Articles 87 and 88 of the EC Treaty to national regional investment aid for buildings located in regional aid zones.

NOTE: Law 2006-1771 2006-12-30 art. 87 XV: provisions applicable to contracts concluded from 1 January 2007

 

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image