Existing TLCB (period)
12 months
Tax losses are carried back up to an amount of EUR 1 million to the tax year which immediately precedes the tax year in which the losses occurred.
New COVID-19 TLCB (period)
The principal measure is based on the Amending Finance Bill for 2021: the temporary removal of the time limit on the carry back of tax losses.
This carry-back will result in a receivable against the French treasury, the amount of which is determined by the corporate income tax rate applicable as from 1 January 2022, i.E. 25 %.
Remarks
This measure, based on the Amending Finance Bill for 2021, would offer the possibility for companies to carry back their tax loss recorded under the first FY showing a loss closed between 30 June 2020 and 30 June 2021 on the profits from the three previous FYs (2019, 2018, and 2017) and this, without any limitation as to amount.
It is reminded that so far, the carry-back was only possible on the taxable profits of the previous year, with a cap of EUR 1 million.
This claim is chargeable to the corporate income tax for the following five years and reimbursed at the end of this five-year period. An exceptional option period is also planned for companies when the time period for the carry back option would have already expired or be about to expire on the date the law was published.
This measure is also applicable to tax groups.