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Schumacker Judgment: Non-Discrimination and Taxation
The Schumacher judgment on February 14, 1995, established the principle of non-discrimination in taxation, stating that non-residents cannot be subjected to heavier taxation than residents in the state from which they derive most of their income.
In accordance with the instruction issued on January 13, 2012, specific procedures were introduced to implement this principle into domestic law. Non-residents seeking to benefit from this regime must be domiciled in another European Union Member State and have income from French sources comprising at least 75% of their worldwide income.
Tax Regime for Non-Residents: Implications and Benefits
If these conditions are met, non-residents are subject to the same general tax rules applicable to taxpayers domiciled in France. Although their tax obligations remain limited based on international conventions, non-resident Schumackers are entitled to various benefits, including:
- Deduction of expenses from their overall income.
- Access to all tax deductions and credits, such as those for donations to charitable organizations, employing domestic help, or participation in the Scellier scheme.
Additionally, non-residents assimilated to taxpayers domiciled in France are automatically subjected to social security contributions (CSG and CRDS) on income from assets.
However, certain measures applicable to individuals without tax domicile in France do not apply to non-residents, including:
- The minimum tax rate of 20%.
- Withholding taxes imposed on non-residents for specific income types, such as salaries, dividends, and interest.
The tax regime for non-residents provides an equitable framework that ensures non-discrimination and allows them to benefit from various tax advantages available to residents. These measures aim to promote fairness and equal treatment in the taxation of individuals earning income from French sources while residing in other European Union Member States.
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