TL;DR: Receivables acquired as of 31 December 2008 follow the general rules for the allocation of income. For those acquired before this date, reliefs or refunds are allocated to the profits or income of the financial year or year current at the date of the payment order, subject to general law conditions.
Regime applicable to receivables acquired as of 31 December 2008
For receivables acquired in respect of financial years ending as of 31 December 2008, tax reliefs follow the general rules for the allocation of income. Their amount is therefore allocated to the financial year during which the sums constitute a receivable acquired by the company.
Regime applicable to receivables acquired before 31 December 2008
If reliefs or refunds are subsequently granted on the amount of taxes and duties that gave rise to the offset provided for in Article L77 of the LPF, their amount is, where applicable, allocated under the general law conditions to the profits or income of the financial year or year current at the date of the payment order.
Fundamental difference between the two regimes
The main distinction lies in the timing of the allocation: for receivables after 31 December 2008, it is made in the financial year of acquisition of the receivable. For earlier receivables, it follows the general rules and is allocated to the financial year or year current at the date of the payment order.
Legal basis and framework
These rules are based on the provisions of the French General Tax Code (CGI) and the interpretations of the BOFIP. Article 23 of Law No. 2008-1443 of 30 December 2008 introduced a significant change for receivables acquired as of 31 December 2008, aligning their treatment with the general allocation rules.
Exclusions and limits
No exceptions or derogations are provided for receivables acquired before 31 December 2008 in the absence of subsequent reliefs or refunds. The tax treatment remains strictly linked to the moment when the receivable becomes certain and acquired.
Summary of allocation criteria
- Post-31/12/2008 receivables: allocation to the acquisition financial year.
- Pre-31/12/2008 receivables: allocation to the financial year or year current at the date of the payment order, subject to general law conditions.