TLDR: Stock options are subject to tax treatment distinct from tradable options. Certain schemes concern specific regimes, business capital gains or agricultural activities: you cannot automatically consider them applicable to all micro-entrepreneurs.
Stock options: taxation of the benefit
If the options were granted under the conditions provided for by Articles L. 225-177 to L. 225-186 of the French Commercial Code, the benefit corresponds to the difference between the actual value of the share on the date the option is exercised and its subscription or purchase price.
This benefit is taxed in the “wages and salaries” category. This rule concerns the benefit related to the exercise of the option and does not constitute a general rule applicable to all gains arising from financial instruments. [S016]
Tradable options: a distinct regime
Article 150 nonies concerns profits derived from purchases, sales and exercises of tradable options carried out in France by individuals who are tax domiciled in France, subject to the rules specific to business profits.
You must distinguish this category from stock options: stock options are subject to taxation of the benefit in the “wages and salaries” category, whereas Article 150 nonies concerns profits arising from transactions involving tradable options. [S018]
For tradable options, transactions that have not been settled by 31 December are taken into account to determine the profit for the year in which they are settled. This rule is specific to tradable options and is not expressly extended to stock options governed by Article 80 bis. [S018]
Option provided for by Article 44 duodecies
If you simultaneously meet the conditions of one of the regimes mentioned by Article 44 duodecies and those of the regime provided for by that article, you may opt for the latter within six months following the month in which your activity began.
This option is irrevocable. The scheme is linked to the conditions specific to Article 44 duodecies; you must therefore not present it as a general rule applicable to all micro-entrepreneurs. [S017]
Capital gains in the event of a sale or cessation
In the event of the sale or cessation of your business, the exemption for capital gains provided for by Article 151 septies depends on the level of revenue for the year in which the gain is realized and the previous year.
When the exemption thresholds are exceeded without revenue exceeding €350,000 for certain activities or €126,000 for certain other activities, partial taxation may be determined by applying, for the two years concerned, the highest rate provided for by the scheme. This rule concerns capital gains realized upon a sale or cessation; it does not automatically apply to every micro-entrepreneur. [S014]
Specific features of agricultural activities
If you fall under the micro-agricultural holdings regime, raw materials and consumables produced on the farm may be valued at 80% of the current market price when they are ordinarily traded. This rule concerns the valuation of agricultural inventories and does not constitute a general rule for micro-entrepreneurs in other sectors. [S001]
If you carry out an agricultural activity within the meaning of Article 63 of the CGI, this activity is exempt from CFE. The exemption concerns the agricultural activity itself and does not automatically extend to activities carried out in other sectors. [S002]
Informational content, not a substitute for personalized tax advice.