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FranceSidoni

TUP merger loss needs absorbed company's books corrected first

CNCC (EC 2026-14): a 2025 TUP merger loss is computed only after correcting the absorbed company's unallocated 2012 mali technique at the TUP date.

By Taxxa AI OyPublished 2 October 2026

Accounting & Reporting

A holding company absorbing its wholly owned subsidiary in a 2025 transmission universelle de patrimoine must first correct the absorbed company's books before computing its own merger lossCncc. The CNCC Commission des études comptables (EC 2026-14, October 2026)Cncc answers the case of holding H2, created in 2024, which absorbed its 100% subsidiary H1 by TUP in March 2025 with no legal or accounting retroactive effect: the net book assets H1 transmitted produce a mali de fusion in H2's 2025 annual accountsCncc, not yet closed, and the dissolution minutes mention neither contribution values nor any merger loss.

H1's balance sheet carried two legacies. Its only activity was holding and managing shares in operating company F, and it carried a mali technique generated in 2012 by an earlier merger-like operationCncc, booked to intangible assets under « Fonds commercial », written down in 2013 and 2014 after F's difficulties with no subsequent reversal. When règlement ANC n° 2015-06 took effect on 1 January 2016, that mali and its impairments stayed in « Fonds commercial » at H1 — but the regulation required every pre-existing mali technique to be allocated, operation by operation, to the underlying assets carrying latent gains, with the mali and associated impairments reclassified to the dedicated accountsCncc. H1 never did this, and that omission qualifies as an error within the meaning of article 122-6 of the plan comptable généralCncc.

At 1 January 2016 H1 should have allocated the mali to the F shares, its only eligible underlying asset, reclassifying mali and impairments to « Mali de fusion sur actifs financiers » and the corresponding impairment account. Because H2's 2025 accounts are not yet closed and no published legal act states the contribution values, the Commission considers that the correction belongs in the accounting position H1 draws up at the TUP date for purposes of the operationCncc — so it does not qualify as an error in H2's own accounts under article 122-6Cncc. In that position, the old mali and its impairments attach to the F shares under article 12 of règlement ANC n° 2015-06Cncc, and the F shares' value must be re-examined to test whether the attached impairment still stands under the plan comptable général.

Only on that corrected contribution base does H2 determine the TUP merger lossCncc under articles 745-3 to 745-9 of the plan comptable général. Any resulting mali technique is allocated to the underlying assets identified at the TUP — here the contributed F shares — and follows those assets' depreciation rules; any « vrai mali », representing a depreciation or additional depreciation of the H1 holding needed at merger date, goes to the financial result of the year. The notes to H2's accounts must give the relevant information on the TUP and its accounting consequences. The Commission does not rule on the split between mali technique and vrai mali, and confines its answer to this TUP fact pattern.

Legal basis: CNCC, Commission des études comptables, EC 2026-14 (October 2026); plan comptable général, articles 122-6, 214-19, 745-3 to 745-9 and 760-1 to 760-3; règlement ANC n° 2015-06, article 12; code civil, article 1844-5.

Before closing a 2025 TUP acquirer's accounts, have the absorbed company's unallocated legacy mali technique corrected in the TUP-date position.

Sources

COMPTES ANNUELS