October 5, 2020 CarolineAUPOIX 0 Comments

Article 6 of the draft finance bill for 2021 provides for a measure to alleviate cash flow through a tax incentive for real estate lease-back transactions.

It reinstates the mechanism for deferring the taxation of the capital gain on the sale of a building recorded in a sale-leaseback transaction (or " lease-back "), which had existed from 2009 to 2012.

Thus, if a company sells a building to a leasing company and immediately regains the right to use it under a leasing contract, the amount of the capital gain on the sale could be distributed in equal parts over the financial years ending during the term of the leasing contract without exceeding fifteen years.