The Government has sent the draft law on the value-sharing bonus to the Conseil d’Etat.
This text essentially transposes the national interprofessional agreement adopted by the social partners on February 10.
The aim? To take various measures to develop the sharing of value within companies.
The following is a summary of the main points of this preliminary draft, which is due to be adopted by Parliament before the summer recess.
In particular, this text provides for :
– An obligation to share value in companies with 11 to 49 employees making regular profits from January 1, 2025 until 2028;
– The possibility of derogating from the legal profit-sharing formula, even in a less favorable way, in companies with fewer than 50 employees. This possibility is granted to these companies on an experimental basis.
– In companies with at least 50 employees, it will be compulsory to negotiate on the taking into account of an exceptional increase in their profits as defined by the employer;
– The creation of a company value-sharing plan, which would enable employees to share in the financial value of their company.
More specifically, with regard to the value-sharing bonus mechanism in the strict sense of the term, the draft bill stipulates that the preferential tax and social security regime applicable to companies with fewer than 50 employees will be extended until December 31, 2026.
As a reminder, this bonus is currently exempt from social security contributions, supplementary pension contributions, unemployment insurance contributions and health insurance contributions.
It is also exempt from income tax and CSG CRDS on two conditions:
– It is paid between July 1, 2022 and December 31, 2023;
– It is paid to employees who, over the last twelve months prior to its payment, received remuneration of less than three times the annual value of the SMIC.
As it is tax-exempt, this bonus will not be subject to withholding tax. However, it will have to be taken into account when determining reference tax income.
From January 1, 2024, the value-sharing bonus will no longer benefit from additional exemptions based on the employee’s remuneration.
It will remain exempt from social security and employer contributions up to a limit of €3,000 and €6,000 for companies implementing a voluntary profit-sharing or incentive scheme.
However, regardless of the employee’s remuneration, it will be subject to :
– CSG / CRDS;
– Income tax;
– Flat-rate social security contributions for companies with more than 250 employees.
Once the text has been adopted by Parliament, it will be time to analyze the new provisions that will be officially put in place.
