Foreign tax credit
Under DTTs signed by France, several methods have been established to avoid double taxation. The main one is the traditional deduction of a tax credit from tax effectively paid. However, some treaties establish a tax exemption or the exclusive right to tax. Also, a tax-sparing clause is included in some treaties, which allows for the deduction of not only the tax actually paid but a higher amount of tax.
Tax credit to boost competitiveness and employment
To improve the competitiveness of the French economy and reduce employment costs, France has a tax credit that is available to French and foreign enterprises subject to CIT in France.
Partnerships will pass their tax credit through to their partners, provided the partners are subject to French tax.
There are no requirements regarding the nature of the activity carried out in France.
The tax credit is calculated as a percentage of the wages paid during the calendar year to employees receiving less than 2.5 times the French regulated minimum wage (SMIC).
The current gross monthly SMIC is EUR 1,498.47. For wages paid on or after 1 January 2018, the 2018 Act reduces the CICE tax credit rate from 7% to 6%.
For wages paid on or after 1 January 2019, the CICE tax credit is repealed and replaced by a permanent decrease in payroll charges paid by employers to finance the French social security system.
The tax credit can be offset against the CIT liability payable by the taxpayer with respect to the calendar year during which the wages are paid. Any excess credit can be carried forward and offset against the tax liability of the taxpayer during the next three years.
Credits unused after three years will be refunded to the taxpayer. The 'receivable' (unused credits) can be transferred or sold only to credit institutions. Finally, special provisions apply in the case of mergers and assimilated restructuring operations.
R&D tax credit
The R&D tax credit is determined on the basis of the eligible R&D expenses incurred during the calendar year.
Currently, the R&D credit equals 30% of the R&D eligible expenses incurred during the year, up to EUR 100 million in eligible R&D expenses, and 5% beyond this amount.
The FTC classifies eligible technical and scientific research operations in three areas: fundamental research, applied research, and experimental development.
The eligible expenditures include the following:
- Tax deductible depreciation expenses relating to fixed assets, created or acquired newly, assigned to eligible R&D works/projects, including patents acquired.
- Costs relating to staff qualifying as scientists and/or engineers (staff costs relating to ‘young graduate doctors’ are retained at up to 200% during the 24 months following their hiring by the company).
- Expenses resulting from outsourced R&D works/projects.
- Expenses incurred for patent registration and/or in connection with the defence of patents.
- Expenses relating to the monitoring of technical developments.
- Premiums paid in connection with insurance contracts relating to the legal defence of patents.
Salaries for research staff are fully taken into account. Operating costs are taken into account by retaining 50% of the R&D staff costs plus 75% of the depreciation on the assets allocated to the research.
Research expenditure sub-contracted to public research bodies, private research organisations approved by the minister with responsibility for research, or scientific/technical experts who have been approved under the same conditions are fully taken into account. The expenditure incurred must be for the purpose of carrying out genuine, clearly-specified R&D projects. If the company and the research body are unrelated, expenditure sub-contracted to public research bodies shall count for double of their amount.
Also, spending on outsourcing to private research organisations is included in the limit of three times the total amount of other research expenses qualifying for the tax credit.
The total amount of expenditure sub-contracted is capped at EUR 10 million (or EUR 12 million depending on the status of sub-contractors) in cases where sub-contractors are unrelated and to EUR 2 million in the contrary case.
The use of patented or patentable technologies in manufacturing
Companies that are involved in the manufacturing of products in France containing patented or patentable technologies, or companies that incorporate such technologies into goods that are manufactured in France, benefit from a reduced effective rate of tax.
In the case of a licensing arrangement between connected French companies, the licensor will benefit from a reduced 15% tax rate on royalty income, whereas the licensee company will benefit from a tax deduction at 33.33%.
In order for a licensee company to benefit from full deductibility for royalties paid, the rules require that the licensee company ‘effectively exploits’ the rights available to it.
Inbound investment incentives
No particular incentives are available to foreign investors in France. However, the government offers a comprehensive programme of tax incentives and development subsidies to encourage investment in underdeveloped areas.
Capital investment is encouraged through the declining-balance method of depreciation as well as through exceptional depreciation for certain capital expenditures.