It is governed by the provisions of article L214-30 et seq. of the French Monetary and Financial Code (CMF). THE FCPI IS ELIGIBLE FOR AN INCOME TAX REDUCTION OF 24% AND A CAPITAL GAINS EXEMPTION IN CONNECTION WITH A RISK OF CAPITAL LOSS AND A 7-YEAR LOCK-UP PERIOD, depending on the vintage.
What are the conditions?
Commitment to hold fund units for a minimum of 5 years from the date of subscription.
The unitholder, his/her spouse (or PACS partner taxed jointly), ascendants and descendants must not :
Together hold more than 10% of the fund's units,
and, directly or indirectly, more than 25% of the rights to the profits of companies whose securities are included in the fund's assets,
or have held such a percentage of these rights at any time during the 5 years preceding the subscription of units.
WHY INVEST IN FCPI?
Although FCPIs are considered primarily a tax product, they are above all a diversification tool that gives meaning to savings.
It enables you to - diversify your investments - support entrepreneurship - develop innovation - promote job creation.
COMMENT SE CALCULE MA REDUCTION D’IMPÔT ?
The tax reduction is calculated on the basis of the amount of the payments, deducted in proportion to the fund's investment quota in eligible companies, in eligible SMEs, that the fund is committed to achieving and within an annual limit set at :
12,000 € for a single person,
and €24,000 for a couple (married or civil union) subject to joint taxation.
The reduction rate is set at :
18% for payments made after January 1, 2024,
25% for payments made :
from March 12, 2023 to December 31, 2023,
from March 18, 2022 to December 31, 2022,
from May 9, 2021 to December 31, 2021,
and from August 10 to December 31, 2020.
This tax reduction is one of the schemes taken into account in the overall ceiling on tax niches, which since 2009 has set an annual limit on the tax benefits derived from the various tax-exempt investments made by a taxpayer.
CAN MY INVESTMENT BE CALLED INTO QUESTION?
The tax reductions obtained may be reclaimed in the year in which the conditions relating to the fund's composition or the obligations of subscribers cease to be met (sale of units before expiry of the 5-year period or when the fund no longer meets the conditions relating to its composition, etc.).
However, tax reductions will not be reclaimed in the event of :
disability making it impossible to exercise a profession or requiring the assistance of a third party to carry out the ordinary acts of life,
redundancy,
death of the taxpayer or of one of the spouses subject to joint taxation.
The donation of shares entitling the donor to a tax reduction is an intercalary transaction that has no impact on the advantage previously obtained by the donor. However, the obligation to hold the transferred shares is transferred to the donee.
THE VIRTUOUS CYCLE OF INVESTMENT IN FIP/FCPI:
By investing every year, with a constant savings effort, at the end of 7 years, when the FCPI "liquidates" its position and the investor is reimbursed, he can reallocate the sum received to his new tax reduction operation. In other words, after the 7th year, the investor saves nothing!
If you have any questions about the specifics of FCPIs, please don't hesitate to contact us at amm@capitalconseils.net.
Comments