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“Fixed cost consolidation” assistance for December and January LégiFiscal

The companies most affected by the consequences of the 5e wave of covid-19 can benefit from “fixed costs consolidation” aid in December 2021 and January 2022 in the event of negative EBITDA and loss of turnover of at least 50%.

Aid Eligibility Requirements ¶

In accordance with Bruno Le Maire’s announcements at the start of the year, companies in the S1 and S1 bis sectors will be able, under certain conditions, to benefit from the “fixed cost consolidation” system in December 2021 and January 2022 in order to support them in the face of the consequences of the 5e covid-19 wave.

Article 1 of decree 2022-111 of February 2, 2022 sets the following conditions to be eligible for aid:

  • Report to sectors S1 or S1 bis (catering, bar, hotels, events, etc.)
  • Have been created before 1is January 2019
  • Have suffered over the eligible month (December 2021 and/or January 2022) a loss of turnover of at least 50%
  • Have a negative EBITDA for the eligible month.

Aid amount ¶

Assistance is available for eligible businesses:

  • at 70% of the EBITDA on the eligible months in the general case
  • 90% of EBITDA for small businesses.

The amount of aid is capped at €12 million at group level for the period between 1is January 2021 and January 31, 2022. “Fixed costs” and “fixed rebound costs” aid are also included in the ceiling.

The EBITDA must be calculated or checked each month by a chartered accountant or an auditor, a trusted third party, from the company’s ledger or the trial balance using the formula presented in the appendix to the decree.

Requests for assistance must be submitted online on the impots.gouv.fr website no later than March 31, 2022, accompanied by several supporting documents including a sworn statement, a trial balance, the EBITDA calculation form and the certificate of the trusted third party.

Extract annexed decree n°2022-111 of February 2, 2022

Under this decree, the gross operating surplus fixed costs consolidation is calculated according to the following formula:
EBE = [Recettes + subventions d’exploitation – achats consommés – consommations en provenance de tiers – charges de personnels – impôts et taxes et versements assimilés – redevances versées + redevances reçues].
In practice, this formula amounts to calculating the sum of all the entries for the following accounting items for the period concerned:
EBE = [compte 70 + compte 74 – compte 60 – compte 61 – compte 62 – compte 63 – compte 64 – compte 651 + compte 751].
In the formula above, account 70 corresponds to all the entries present in the general ledger of the company or the trial balance for the period concerned and posted to an account starting with 70.

Source : Decree 2022-111 of February 2, 2022

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