Finance law no. 2015-1785 of December 29, 2015 for 2016 provides for provisions of direct interest to companies.
I. Threshold effects in VSEs and SMEs
The effects of thresholds in VSEs and SMEs have been limited by the finance law by raising the thresholds or by neutralizing the effects despite crossing the threshold for a certain period.
New thresholds
- Before the adoption of the law, the contribution of employers with less than 10 employees to the financing of continuing vocational training amounted to 1%. From now on, the threshold is raised to 11 employees. At the same time, employers with at least 11 employees will see their contribution to the financing of continuing vocational training set at 1% (Art 235 ter D and 235 ter KA of the General Tax Code (CGI)).
- The condition relating to the threshold of employees necessary for the exemption from property tax for companies benefiting from establishments created in the priority districts of the city is raised from 10 to 11 employees (Art. 1466 AI septies of the CGI).
- Exemption from the social package in respect of contributions paid for the benefit of employees, former employees and their dependents for the financing of supplementary pension benefits (Art. 137-15 of the Social Security Code (CSS)) benefits employers less than 11 employees instead of 10 previously.
- From now on, employers of at least 11 people and not more than "more than" 9 people may be subject to the transport payment (Art. L.2333-64 of the General Code of Territorial Communities).
Neutralization of threshold effects
- Public limited companies, simplified joint stock companies and limited liability companies whose securities are not admitted to trading on a financial instruments market, which can opt for the tax regime for partnerships can continue to benefit from this option. when the threshold of fifty employees is reached or exceeded during a financial year ending from December 31, 2015 and until December 31, 2018. This plan applies for this financial year and the two following financial years, within the limit the period of validity of the option (Art. 239 bis AB of the CGI).
- For fiscal years ended between January 1, 2015 and December 31, 2017, when a company, on the closing date of the fiscal year, finds that the workforce threshold of 50 employees has been exceeded, this circumstance does not cause it to lose the benefit of the tax credit for profit-sharing bonuses during this financial year and the two following years (Art. 244 quater T of the CGI).
- Employers who reach or exceed in respect of the years 2016, 2017 or 2018 the workforce of 11 employees benefit from the exemption from the social package in respect of the contributions paid for the benefit of employees, former employees and their dependents for the financing of supplementary pension benefits (Art. 137-15 of the Social Security Code).
- The flat-rate deduction of employer contributions applicable to companies with fewer than 20 employees for overtime continues to apply for three years to employers who reach or exceed the number of 20 employees for the years 2016, 2017 or 2018 (Art. 241-18 V bis of the CSS).
II. Fight against the concealment of revenue (art 88): Obligation of professionals subject to VAT
The law provides for a measure aimed at combating VAT fraud by means of cash register systems making it possible to hide part of the revenue.
A new obligation, applicable from 1 January 2018, requires professionals subject to VAT to use only accounting or management software or cash systems that meet conditions of inalterability, security, conservation and archiving of data for the control of the tax administration, attested by a certificate issued by an accredited body or by an individual certificate from the publisher, in accordance with a model set by the administration. Failure to produce the certificate or attestation, in the event of control by the tax authorities, will be sanctioned by a fine of €7,500 per accounting or management software or cash system concerned. The taxable person will have a period of sixty days from the delivery or receipt of the report drawn up by the tax authorities to comply.
