French General Tax Code
In forceI.-The taxpayer may deduct from the tax on real estate wealth, up to a limit of €50,000, 75% of the amount of cash donations and full ownership donations of company securities admitted to trading on a French or foreign regulated market made to the benefit of:
1° Public or private, non-profit, general interest research, higher education or artistic education establishments and consular higher education establishments mentioned in Article L. 711-17 of the French Commercial Code;
2° Foundations recognised as being in the public interest that meet the conditions set out in a of 1 of Article 200;
3° Work-integration companies and temporary work-integration companies mentioned, respectively, in Articles L. 5132-5 and L. 5132-6 du code du travail;
4° Intermediary associations mentioned in article L. 5132-7 of the same code;
5° Des ateliers et chantiers d'insertion mentionnés à l'article L. 5132-15 of the said code;
6° Adapted companies mentioned in article L. 5213-13 of the same code;
7° Employers' groups governed by articles L. 1253-1 à L. 1253-24 of the Labour Code which benefit from recognition as a group of employers for integration and qualification as referred to in Article L. 1253-1 of the same code and which organise pathways to integration and qualification under the conditions mentioned in article L. 6325-17 du même code;
8° De l'Agence nationale de la recherche;
9° Des fondations universitaires et des fondations partenariales mentionnées, respectivement, aux articles L. 719-12 and L. 719-13 du code de l'éducation, when they meet the conditions set out in b of 1 of article 200 du présent code;
10° Associations recognised as being in the public interest for financing and supporting business start-ups and takeovers, the list of which is set by joint order of the ministers responsible for the economy and the budget.
Donations and payments made to approved organisations under the conditions set out in article 1649 nonies whose registered office is located in a Member State of the European Union or in another State party to the Agreement on the European Economic Area which has concluded an administrative assistance agreement with France to combat tax fraud and tax evasion. Approval is granted to organisations whose objectives and characteristics are similar to those of organisations whose registered office is located in France and which fall within the scope of this I.
When the donations and payments have been made to a non-approved organisation whose registered office is located in a Member State of the European Union or in another State party to the Agreement on the European Economic Area which has signed an administrative assistance agreement with France to combat tax fraud and tax evasion, the tax reduction obtained is reclaimed, except where the taxpayer has produced, within the time limit for filing the return, supporting documents certifying that this organisation pursues objectives and has characteristics similar to those of organisations whose registered office is located in France and which meet the conditions set out in this article.
A decree sets out the conditions for application of the twelfth and thirteenth paragraphs of this I, in particular the period of validity and the procedures for issuing, publicising and withdrawing approval.
II.-Donations giving entitlement to the tax advantage mentioned in I are those made from the day following the deadline for filing the declaration mentioned in article 982 for the year preceding that of taxation and until the deadline for filing this same declaration for the year of taxation.
III.-The fraction of the payment that gave rise to the tax benefit mentioned in I may not give rise to another tax benefit in respect of another tax.
IV.-The benefit of the tax advantage provided for in I is subject to compliance with Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid and to the condition that the taxpayer presents, at the request of the tax authorities, supporting documents certifying the total amount and date of the payments as well as the identity of the beneficiaries.
V.-A decree will set out the reporting obligations for taxpayers and the persons mentioned in I.
