Taxology

French tax authorities publish new list of public entities suject to France's financial transaction tax

28 JANUARI 2022  | TAX NEWS 

France has published the new list of French public companies that are subject to its financial transaction tax. Only companies with a market capitalization of EUR 1 billion or more are covered by the financial transaction tax. The list of companies that break this threshold as of 31 December 2021 can be found here

The tax (introduced on August 1st, 2012) applies to any acquisition for consideration of a capital security, within the meaning of Article L. 212-1 A of the Monetary and Financial Code, or a similar capital security, within the meaning of article L. 211-41 of the code, when this security is admitted to trading on a French, European or foreign regulated market. The rate is 0.3%. The taxable base is the acquisition value of the security.

The tax is not applicable to:

  1. Purchase transactions carried out as part of an issue of equity securities, including when this issue gives rise to a service of underwriting and guaranteed placement.
  2. Transactions carried out by a clearing house, within the meaning of Article L. 440-1 of the code.
  3. Acquisitions made in the context of market making activities. 
  4. Transactions carried out on behalf of issuers with a view to promoting the liquidity of their shares within the framework of accepted market practices accepted by the Autorité des marchés financiers.
  5. Acquisitions of securities between member companies of the same group.
  6. To the temporary transfers of securities mentioned in 10° of article 2 of regulation (EC) n° 1287/2006 of the European Commission, of 10 August 2006.
  7. Acquisitions, within the framework of book III of the third part of the labor code, of capital securities by company mutual funds governed by articles L. 214-164 and L. 214-165 of the labor code monetary and financial funds and by variable capital investment companies with employee shareholding governed by Article L. 214-166 of the same code as well as acquisitions of equity securities of the company or of a company of the same group, within the meaning of articles L. 3344-1 and L. 3344-2 of the labor code, directly made by the employees.
  8. Buybacks of their capital securities by companies when these securities are intended to be transferred to members of a company savings plan under Title III of Book III of Part Three of the Labor Code.
  9. Acquisitions of bonds exchangeable or convertible into shares.
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