French General Tax Code
In forceSont considérés comme revenus au sens du présent article :
1° Dividends, interest, arrears and all other income from shares of any kind and founders' shares in financial, industrial, commercial, civil and generally any other companies, corporations or enterprises whose registered office is situated abroad regardless of when they were created;
2° Interest, income and profits from interest shares and limited partnerships in companies, corporations and enterprises whose registered office is situated abroad and whose capital is not divided into shares, with the exception however of:
a. Proceeds from shares in commercial general partnerships;
b. Income from sociétés en commandite simple accruing to the partners in name;
3° Distributions made to the partners, shareholders and holders of founder's shares in the same companies, other than as repayment of contributions or share premiums. A distribution is only deemed to be a repayment of a contribution or share premium if all the profits or reserves have been distributed beforehand. However, sums or securities allocated to members or shareholders in respect of the redemption of their units or shares are subject to the same tax treatment as the sums or securities referred to in 6° of the article 112.
The following are not considered as contributions for the application of this provision:
a. Reserves incorporated into capital;
b. Amounts incorporated into capital or reserves (merger or demerger premiums) on the occasion of a merger or demerger of companies or a partial contribution of assets giving rise to the allocation of securities under the conditions provided for in 2 of article 115 ;
4° The amount of lump-sum reimbursements of expenses and any other remuneration accruing, in whatever capacity, to the directors or members of the supervisory board of the public limited companies referred to in 1° ;
5° Attendance fees paid to shareholders of the companies referred to in 1° at general meetings;
6° Interest, arrears and all other income from the bonds of the companies, corporations and undertakings designated in 1° and 2°, and in particular the income attached to capitalisation bonds or contracts and to investments of the same nature subscribed with insurance undertakings established outside France, when the contract is unwound, and the gains from the sale of these same investments;
6° bis Income attached to retirement benefits paid in the form of capital and received pursuant to a contract taken out with an undertaking established outside France, where the beneficiary can justify that the sums paid during the phase of constitution of the rights, including where applicable by the employer, were not deductible from taxable income and did not relate to income exempted in the State to which the right to tax the latter was attributed ;
7° Interest, arrears, and all other income from annuities, bonds and other public instruments of foreign governments as well as foreign corporations, cities, provinces and any other foreign public establishment;
8° Redemption lots and premiums paid to creditors and holders of the securities referred to in 6° and 7°;
9° Income distributed by a trust defined in article 792-0 bis, regardless of the nature of the property or rights placed in the trust ;
10° Royalties or fractions of royalties due for the exploitation of oil or natural gas deposits;
11° The income from investment funds set up abroad, whatever the nature or origin of the income distributed.
12° (Repealed).
