Micro Enterprise Regime
LexInter | January 21, 2003 | 0 Comments

Micro Enterprise Regime

1. Companies whose annual turnover, adjusted if necessary in proportion to the operating time during the calendar year, does not exceed 76,300 euros excluding tax in the case of ‘businesses whose main business is to sell goods, objects, supplies and food to take away or to consume on the spot, or to provide accommodation, or 27,000 euros excluding tax in the case of other businesses, are subject to the regime defined in this article for the taxation of their profits.
When the activity of a company falls into the two categories defined in the first paragraph, the regime defined in this article is applicable only if its total annual turnover excluding tax does not exceed 76,300 euros and if the figure annual tax-free business relating to category 2 activities does not exceed 27,000 euros.
The taxable result, before taking into account the capital gains or losses from the sale of assets used in operations, is equal to the amount of turnover excluding tax less a reduction of 71% for turnover. business from activities of the 1st category and a reduction of 50% for the turnover from activities of the 2nd category. These allowances cannot be less than 305 euros.

The capital gains or losses mentioned in the third paragraph are determined and taxed under the conditions provided for in Articles 39 12th to 39th quindecies, subject to the provisions of Article 151f. For the application of the preceding sentence, the reductions mentioned in the third paragraph are deemed to take into account the depreciation applied on a straight-line basis.
Subject to the provisions of b of 2, this regime remains applicable for establishing the tax due for the first year during which the turnover limits mentioned in the first and second paragraphs are exceeded. In this case, the amount of turnover exceeding these limits is not subject to any deduction.
The provisions of the fifth paragraph are not applicable in the event of a change of activity.

2. The following are excluded from this scheme:
at. Taxpayers who operate several businesses whose total turnover exceeds the limits mentioned in the first paragraph of 1, assessed, if applicable, under the conditions provided for in the second paragraph of this same 1;
b. Taxpayers who do not benefit from the provisions of I and II of article 293 B. This exclusion takes effect from 1 January of the year in which they become subject to value added tax;
vs. Companies or organizations whose results are taxed according to the partnership regime defined in article 8;
d. Legal persons liable to corporation tax;
e. Transactions relating to real estate, business assets or shares or shares in real estate companies, the results of which must be included in the income tax bases for industrial and commercial profits;
f. Rental operations of equipment or durable consumer goods, except when they are of an ancillary and related nature for an industrial and commercial enterprise;
g. The operations referred to in 8 ° of I of article 35.

3. The taxpayers concerned enter the amount of the annual turnover and the capital gains or losses realized or suffered during the same year directly on the declaration provided for in article 170.
4. Companies placed within the scope of this article or subject for 1998 to a flat-rate tax regime may opt for a real tax regime. This option must be exercised before February 1 of the first year for which the taxpayer wishes to benefit from this regime. However, companies automatically subject to a real tax regime in the year preceding that in respect of which they are placed within the scope of this article shall exercise their option the following year, before 1 February. This last option is valid for the year preceding the one during which it is exercised.
The options mentioned in the first paragraph are valid for two years as long as the company continuously remains within the scope of this article. They are tacitly renewed for a period of two years. Companies wishing to renounce their option for a real tax regime must notify their choice to the administration before February 1 of the year following the period for which the option was exercised or tacitly renewed.
5. The companies which have not exercised the option referred to in 4 must keep and present, at the request of the administration, a summary register by year, presenting the details of their purchases and a book-journal used on a daily basis. and presenting the details of their professional receipts, supported by invoices and all other supporting documents.

NOTE: Law 2006-1640 2006-12-21 art. 10 IV: These provisions apply for the first time for the taxation of income and the calculation of contributions and contributions based on income for the year 2006.

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