Decree No. 94-85 of January 26, 1994 specifying the modalities for the application of paragraph 3 of Article 92 B quater of the General Tax Code and the reporting obligations of taxpayers and intermediaries
Statutory Text (4 Provisions)
Taxpayers who intend to benefit from the tax deferral provided for in paragraph 3 of Article 92 B quater of the General Tax Code shall distinctly indicate on the declaration of their capital gains provided for in Article 97 of the same Code the amount of the capital gain for which the tax deferral is requested, together with the elements necessary for its determination.
When the equity savings plan is opened with an insurance undertaking, they must attach the following to this declaration
a document drawn up by the institution or person holding the account of the transactions carried out on the securities referred to in the third subparagraph of paragraph 3 of Article 92 B quater of the aforementioned Code indicating the date and amount of disposals or redemptions of securities effected from June 23, 1993 to December 31, 1993;
a certificate issued by the organization with which the equity savings plan is opened indicating the references of the plan to which the payments are made, as well as the date and amount of these payments.
The body, other than an insurance undertaking, with which a share savings plan is opened must declare to the tax administration the amount of securities transfers carried out in accordance with the provisions of the first subparagraph of paragraph 3 of Article 92 B quater of the General Tax Code, as well as the references of the plan to which the transfer is made.
This information must reach the directorate of tax services of the place of residence or principal establishment of the declarant before February 16, 1994. It shall be included in the return provided for in paragraph 1 of Article 242 ter of the same Code.
In the event of the closure of the share savings plan before the expiration of the fifth year, the capital gain for which taxation was deferred must be reported on the declaration provided for in Article 97 of the General Tax Code filed for the year during which the closure occurred. This declaration shall include the designation of the securities concerned.
The Minister of the Budget, Government Spokesperson, shall be responsible for the execution of this Decree, which shall be published in the Official Gazette of the French Republic.