French General Tax Code
In forceI. - Companies placed under one of the regimes provided for by 5 bis, 5 ter and 7 to 7 ter of Article 38, Article 38 septies, IIa of Article 208 C and articles 151 octies, 151 octies A, 151 octies B, 210 A, 210 B, 210 D and 238 quater K of this code must attach to their income tax return a statement in accordance with the model provided by the administration showing, for each type of item, the information required to calculate the taxable income from the subsequent disposal of the items in question. A decree will specify the content of this statement.
II. - Capital gains generated on non-depreciable assets in connection with exchanges, disposals, mergers, contributions, demergers or conversions, the taxation of which has been deferred pursuant to the provisions of 5a, 5b and 7 to 7b of Article 38, Article 38 septies, 2 of article 115, II bis of article 208 C and those of articles 151 octies, 151 octies A, 151 octies B, 210 A, 210 B, 210 D, 248 A and 248 E are recorded in a register kept by the company that has entered these assets on its balance sheet. The same applies to capital gains generated on non-depreciable assets resulting from the transfer into or out of a fiduciary estate and the taxation of which has been deferred by application of article 238 quater B or article 238 quater K. Where taxation is deferred pursuant to article 238 quater B, the register is kept by the trustee who entered these assets in the trust assets' records.
This register mentions the date of the transaction, the nature of the assets transferred, their original book value, their tax value as well as their exchange value or their contribution value. It is kept under the conditions set out in article L. 102 B of the Book of Tax Procedures until the end of the third year following the year in which the last asset entered in the register was removed from the company's assets or from the fiduciary estate. It must be presented at the request of the authorities.
