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Non commercial profits (BNC) Statement of results 2019 – Main Innovations

Posted on March 10, 2020

Taxpayers in the non-commercial profits (NCP) category, that fall within the scope of the controlled declaration, has to subscribe, in practice by 20 May 2020 at the latest, to the declaration n°2035-SD and its annexes. Taxpayers which are not in the NCP category will declared directly the amount of their gross revenues “recettes brutes” on the form n°2042-C Pro.

MAIN INNOVATIONS 

 Statement of results of 2019 “Détermination du résultat de 2019”

  • Sums received by the interpreter-translators collaborators of the public service of justice are classified as non-commercial profits. Same for the amounts withdrawn from the activity carried out by management and accounting associations.
  • Non-commercial companies “sociétés non commerciales” shall declare all their existing foreign bank accounts.
  • The maximum deduction allowed for the cost of meals is at 13,95€ in 2019.
  • A merging company may claim exemption from the added value “exonération de la plus-value” realised by the acquired company on the sale of a fund to a third party, during the interim period within the claim period “période de réclamation”.
  • According to the court of Douai, the gain from the exempt of professional capital-gains “exonération des plus-values professionnelles” depending on the value of the conceded elements, is not subject to compliance with the conditions specific to management leases in the event of termination of the contract the day before the transfer of the fund.
  • The legal system of tax deferral “dispositif légal d’étalement de l’impôt” gives to long-term capital gains, in the event of a sale accompanied by a vendor credit of all the fixed assets of the business activity, now concerns a greater number of companies.
  • The long-term capital gains regime “régime des plus-values à long terme” is extended, as of January 1, 2019, to more products earned by a natural person inventor or his successors in title. All these products are taxable at the specific rate of 10%.
  • As of January 1, 2019, the scope of the deferral of taxation of the capital gain “report d’imposition de la plus-value” arising on the contribution by a natural person inventor of some industrial property rights is extended.
  • Voluntary payments on a group or in a individual pension plan “plan d’épargne retraite collectif ou individuel”, both are are deductible within certain limits.
  • Two of the thresholds which allow small companies to retain only the fiscal useful life “durée d’usage fiscal” to depreciate their fixed assets are modified as of May 31, 2019.

 Measures adopted in 2019 with no effect on the 2019’s result 

  • In order to determine the tax regime applicable to income earned in 2020, the threshold for application of the micro-NCP “micro-BNC” scheme is raised to 72600€, (Law 2019-1479 of 28/12/2019 art.2).
  • The consequences of the transition from micro-NCB regime to the regime of controlled declaration   “régime de la déclaration contrôlée” with option for commitment compatibility “comptabilité d’engagement”, or vice versa, are specified as from the taxation of income in 2020 (Law 2019-1479  of 28/12/2019 art.55).
  • As of January 1, 2020, the threshold of liability for profit-sharing is raised, and the procedures for counting and exceeding the number of employees are assessed according to the social security rules (Law 2019-486 of 22/05/2019 art.11).

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