BSPCE ruling: the gain resulting from the contribution of shares subscribed for through the exercise of founder warrants (BSPCE) does not benefit from deferment of taxation
In a written report published on 25 May 2023, the tax authorities provided details on the terms of taxation of gains resulting from the contribution of shares subscribed for through the exercise of founder warrants (bons de souscription de parts de créateur d'entreprise - BSPCEs).
The administration specifies that the gain resulting from the contribution of shares received on the exercise of BSPCEs does not benefit from the tax deferral mechanism provided for in Article 150-0 B of the French General Tax Code (Code général des impôts - CGI). This gain must be taxed for the year of the contribution in accordance with the provisions of Article 163 bis G CGI, subject to meeting the conditions of application. Otherwise, the tax regime for salaries and wages would be applicable.
It also states that the capital gain resulting from the subsequent sale of the shares received as remuneration for the contribution is taxed in accordance with the capital gains regime in force on the date of the sale.
According to the administration, the reference by Article 163 G bis CGI to Article 150-0 A CGI is intended to define the base of the calculation applicable to the gain resulting from the sale of shares subscribed in the exercise of the BSPCEs. This cannot be an implicit reference to the entire capital gains regime, in particular Article 150-0 B CGI relating to deferment of taxation (BOI-RES-RSA-000127).