“Fixed cost” aid: companies must reimburse any overpayment



Companies strongly impacted by the Covid-19 epidemic have been able to benefit from a “fixed cost” aid scheme consisting of offsetting part of their fixed charge expenses.

Clarification: this system has been broken down into several distinct schemes which have followed one another or which have coexisted, namely the “fixed costs” aid initially planned, the “fixed costs rebound” aid, the “closure” aid or even “fixed cost consolidation” aid.

The amount of this aid was calculated in relation to the gross operating surplus (EBITDA) of the company in question, recorded during the eligible period. It amounted to 70% of the amount of the EBITDA, or 90% of this amount for a company employing less than 50 employees.

Refund of overpayment

However, if it appears that at the end of the financial year, the company has generated, over all the periods eligible for “fixed costs” aid, a net result greater than the sum of the EBITDA recorded over these same periods, it is required to repay the amount of aid overpaid.

In practice, companies that have received “fixed cost” aid must establish, with the assistance of their chartered accountant or an auditor, their net income for all the eligible periods, as well as, where where appropriate, the amount of the excess aid they have received. They must then declare this net result to the General Directorate of Public Finances within three months following the approval of their annual accounts for the last closed financial year including at least one period eligible for “fixed costs” aid, and what whether or not they record excess aid.

This declaration must be made online on the website www.impots.gouv.fr. As such, a form for calculating the amount of net profit is made available to companies on this site. The declaration must be accompanied by a certificate from the company’s chartered accountant or auditor, indicating in particular the amounts of the net results and EBITDA for each eligible period as well as the amount of any excess aid.

If necessary, the tax authorities will then send the company a request for reimbursement corresponding to the amount of the excess aid. The latter will then have a period of one month to make the payment.

Clarification: companies that have already approved their annual accounts on May 5, 2022 have until August 5, 2022 to calculate the amount of any excess aid and proceed with the reimbursement.

Decree No. 2022-776 of May 3, 2022, JO of 4

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