Like every year, the finance law implies a certain number of measures that will impact your taxation. The Finance Law for 2023 published in the Official Journal on December 31, 2022 is no exception. Several changes need to be taken into account now.
Our expert in local taxation, Amel Benjana, highlights the 3 main tax changes brought about by the 2023 Finance Act.
Abolition of the CVAE
Article 55 of the Finance Act for 2023 abolishes the CVAE in two stages (halving of tax rates in 2023 and definitive abolition from 2024).
The capping rate of the CET according to the value added is also lowered over this period. Due to the abolition of the CVAE, this cap will only apply to the CFE as of 2024.
The contribution due for 2023 is reduced by half
The tax rate is set at 0.375 % for companies with pre-tax sales in excess of €50,000,000. (For companies whose sales do not exceed this threshold, the effective tax rate is calculated in accordance with article 1586 ter, II-2 of the CGI).
Abolition of the CVAE as of 2024
On May 3, 2024 (or on May 18, 2024 in case of electronic subscription), companies will have to file the 1330-CVAE return relating to the CVAE due for the year 2023 (and proceed, at the latest on May 3, 2024, to the final liquidation of the CVAE due for 2023).
The rate of capping according to the value added is lowered
- For the CET tax (CVAE+CFE) for 2023 the rate is 1.625%
- For 2024 and subsequent years, the cap rate will be 1.25% and will only apply to the CFE.
Optional exemption from the development tax
As part of the fight against soil artificialisation and urban sprawl, Article 65 of the Finance Act for 2023 provides for a new optional exemption for constructions and developments carried out on rehabilitated polluted land or located in an information sector on soils :
- On land rehabilitated pursuant to Articles L 512-6-1, L 512-7-6, L 512-12-1 or L 556-1 of the Environmental Code following the definitive closure of classified facilities
- On polluted land located in a soil information area (SIS).
In short: a progressive increase of the lump sum value shall be made per parking space used to determine the tax when the parking areas are not included in enclosed and covered constructions. The flat rate value per location is increased to (CGI art. 1635 quater J, 6° modified):
- 2,500 for operations whose generating event occurs on or after January 1, 2023;
- then to 3 000 € for the operations whose generating event occurs as from January 1, 2024.
Introduction of the office tax in Provence-Alpes-Côte d'Azur
Article 75 of the law institutes, from 2023 onwards, a new annual tax on offices, commercial and storage premises and parking areas located in the Bouches-du-Rhône, Var and Alpes-Maritimes departments.
This tax, similar to the one provided for in Île-de-France (CGI art. 231 ter), is codified in the new article 231 quater of the CGI.
In 2023, the rates per m2 are set at :
- 0,94 € for offices ;
- 0,39 € for commercial premises;
- 0,20 € for storage rooms ;
- 0,13 € for parking areas.
The must be filed, along with payment of the tax, before March 1 of each year to the public accountant of the place where the taxable premises are located.
To be noted By way of derogation, for taxes due in 2023, the declaration and payment must be made before July 1, 2023.
