LexInter | July 10, 2018 | 0 Comments

TAXATION OF PARTNERSHIP MEMBERS

 

Article 8 of the CGI

Social profits made by partnerships and similar are not taxed in the name of the company. Each of the partners, natural person, is personally subject to income tax for the share of the social benefits corresponding to his rights in the company

These principles apply:

– partners of general partnerships;

– the general partners of limited partnerships  ;

– members of civil societies not subject to corporation tax

 associates of professional civil societies referred to in article 8 ter of the CGI

 associates of civil society means referred to in article 239 quater A of the CGI

– to members of joint ventures, including financial syndicates, who are indefinitely responsible and whose names and addresses have been indicated to the administration 4 as well as to partners of de facto companies (CGI, art. 238 bis L and M) ;

– members of limited liability companies who have opted for the tax regime for partnerships, including those mentioned in article 239 bis AA of the CGI

– to the sole shareholder of a limited liability company when this partner is a natural person (one-person limited liability company: EURL);

– to the sole shareholder or to the partners of a limited liability farm (EARL)

 – members of economic interest groups, public interest groups 5 and European economic interest groupings

 partners of transparent condominium real estate companies referred to in Articles 8 bis and 1655 ter of the CGI

 to the members of the joint ownerships except for different distribution of profits concluded by agreement between the joint owners, with a certain date before the end of the financial year (BIC, BA) or before the end of the tax year (BNC);

 members of companies of co-owners of vessels referred to in article 8 quater of the CGI (see also CGI, art. 39 E);

–  members of forestry groups, agricultural groups for joint operations, agricultural land groups or agricultural land groups;

– members of mixed forest management unions and forest union groups;

 -members of racehorse or stallion co-ownerships who meet the conditions mentioned in article 238 bis M of the CGI; the statutes and operating procedures of the stallion co-ownerships must comply with standard statutes approved by decree (CGI, art. 8 quinquies and 39 F;

– members of racehorse career associations formed in the form of a conventional joint ownership (

– to the indefinitely responsible members of the associations of lawyers mentioned in article 7 of law n ° 71-1130 of December 31, 1971, whose names and addresses have been indicated to the administration (CGI, art. 238 bis LA; ).

Transfer of social rights

Individuals exercising their activity within the framework of a company referred to in Articles 8 and 8 ter of the CGI

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