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21 juin 2012.

Fiscal policies CFE / CVAE

Fiscal policies for companies. Fiscal deductions for buying art. (...)

This law is only applied in France.

Fiscal policies for companies.

Since January 1st 2002, companies who buy original artworks from alive artists and who register these artworks to a fixed assets account can deduce the price of the artwork from the fiscal year in equal parts for four years.

The deduction cannot exceed the limit mentionned at the first paragraph n° 1, article 238 bis, subtracting the total sum of payments.

To benefit from the deduction mentionned in the first paragraph, the company has to exhibit in any accessible place for the public or its employees - except desks - the good it bought during 4 years in-a-row and during the purchasing period.

The sum for the purchasing of music instruments is also part of these deductions. To benefit from this deduction, the company must commit itself to hire the instruments freely to artists-singers who ask it.

The company must suscribe to a special reserve account for liabilities, a sum equal to the deduction refered in the first paragraph. This sum will be integrated to the taxable total in case of a change of allocating, the transfer of the artwork or instrument rights or the payment on the reserve account.

The company can build a provision for the depreciation when the depreciation of the artwork overpass the deduction sum already made, as mentioned in the first, second, third and fourth paragraphs.

Fiscal policies for authors.

Authors of artworks, as defined in I, article 297A, benefit from a reduction of 50% on the sum concerning their taxable profits for their first year of activity as well as the four years coming. These policies are applied on incomes from the transfer of rights of artworks (as mentioned to the precedent paragraph) as well as the transfer and use of patrimonial rights recognized by the law on those artworks, and perceive by authors, that have to be physical persons, as written in the decalration. Incomes coming from operations mentionned in the article 279 bis do not benefit from the deductionplanned by the first paragraph. The deduction mentionned at the first paragraph cannot exceed 50,000 euros per year and is not applied if you choose to be under the article 100 bis.

Deductions of the contributions CFE and CVAE.

Economy Ministry, Christine Lagarde :

“... The fiscal law for 2012 deletes the professional tax from January 1st 2010, and is replaced by a territorial economic contribution which is composed of two things : the financial contribution for companies (CFE) which is based on property taxes and the contribution on added value for companies (CVAE) which rate is fixed to the national level thanks to a progressive scale.

I have the pleasure to confirm you that the field of those two taxes are the same, except rare exceptions, in comparison to the professional tax. As a consequence, painters, sculptors, engravers and designers, considered as artists and only the product of their art, as mentionned at the 2°, article 1460 of the general code of taxes, will benefit from a permanent deduction for both fiscal contributions."

Actually photographers were exempted to pay the professional tax since 2004 (article 108 finances law for 2004 - law n°2003-1311 from December 30th 2003 - official publication n°302 from December 31st 2003, page 22530). The article 1460-2° bis of the French general code for taxes exempted photographers-authors of the professional tax concerning their activity linked to the achievement of photoshots and to the transfer of their artworks in the article 278 septies or rights mentionned at g of the article 279 about their photographic artworks.

This law is only applied in France.



Collectif de Photographes-Artistes
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