1°: Deduction of withholding tax and tax credits

The claim is inalienable and non-transferable, except in the cases and conditions provided for by Articles L. 214-169 à L. 214-190 and L. 313-23 to L. 313-35 of the Monetary and Financial Code.

In the event of a merger or similar transaction taking place during the period mentioned in the last sentence of the first paragraph, the fraction of the claim that has not yet been charged off by the transferring company is transferred to the transferee company.

The fraction of the research tax credit corresponding to the shares of natural persons other than those mentioned in I of Article 151 nonies is neither chargeable nor refundable.

II. - The claim mentioned in the first paragraph of I is immediately repayable when it is established by one of the following companies:

1° Companies, other than those mentioned in III of l'article 44 sexies, created on or after 1 January 2004 and whose capital is fully paid up and at least 50% of which is continuously held:

a) By natural persons;

b) Or by a company at least 50% of whose capital is held by natural persons;

c) Or by venture capital companies, venture capital mutual funds, specialised professional funds covered by Article L. 214-37 of the Monetary and Financial Code as it stood prior to Order No. 2013-676 of 25 July 2013 amending the legal framework for asset management, professional private equity funds, sociétés de libre partenariat, regional development companies, financial innovation companies or single-member venture capital companies on condition that there is no arm's length relationship within the meaning of 12 of the article 39 between the companies and the latter companies or funds.

These companies may request immediate repayment of the claim established in respect of the year of creation. The same applies to claims established in respect of the following four years;

2° Companies that have been the subject of conciliation or safeguard proceedings, judicial recovery or liquidation. These companies may request reimbursement of their unused claim from the date of the decision or judgment that opened these proceedings;

3° Young innovative companies mentioned in Article 44 sexies-0 A ;

4° Companies that meet the definition of micro, small and medium-sized enterprises given in Annex I to Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty.

Companies created less than two years ago that apply for the immediate repayment of the tax credit claim for research expenditure must submit supporting documents attesting to the reality of the research expenditure in support of their application.

III. - (Expired).

IV. - (Repealed).