La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
TAXATION OF THE MOST VALUED PROPERTY REALIZED IN FRANCE: AMERICAN AND CANADIAN CITIZENS ALWAYS DISCRIMINATED BY THE TAX ADMINISTRATION
A few months ago, our Office won the case against the Tax Administration, which discriminated between Swiss and French citizens in connection with the taxation of real estate capital gains realized on French soil (see our article:"Ending the spoliation of Swiss residents with regard to real estate capital gains - Call for the mobilization of Swiss taxpayers stripped of property by the French tax authorities").
However, the Directorate-General for Public Finances did not draw legal conclusions from the decision taken by the Council of State on 20 December 2013.
While it has renounced to exclude the application of the non-discrimination clause contained in the Franco-Swiss tax treaty, it persists in violating many other tax treaties which prohibit any discrimination between taxable persons. Thus, many foreigners who are not residents of the European Union, although protected by these texts, are charged a rate of 33.33% in the event of real estate gains in France, compared to 19% for EU citizens.
U. S. citizens thus benefit from the protection afforded by Article 25, paragraph 1 of the Franco-American Tax Convention under which:
Natural persons who are nationals of a Contracting State and residents of the other Contracting State shall not be subject in that other State to any taxation or any obligation relating thereto, which is other or more burdensome than those to which natural persons who are nationals and residents of that other State are or may be subject, and who are in the same situation. ».
Similarly, Canadians must also be subject to Article 24 (1) of the Franco-Canadian tax treaty, which specifies the following:
Natural persons possessing the nationality of a Contracting State shall not be subject in the other Contracting State to any taxation or obligation relating thereto, which is other or more burdensome than those to which natural persons possessing the nationality of that other State who are in the same situation, particularly as regards residence, are or may be subject. This provision shall apply to natural persons whether or not they are residents of one of the Contracting States."
Moreover, the social contributions applicable to capital gains on real estate realised by non-residents are currently around 16%, even though they do not benefit from the French social protection system.
Such abusive and scandalous discrimination must be brought to an end in court, which alters France's image as a country of human rights.
As a result, if you have undergone such treatment in the last two years, it is perfectly possible to obtain a refund of this abusive tax, so that the 19% rate will be applied to you instead of the 33.33%.
Our firm with the necessary expertise is at your disposal to advise and assist you in this process.
Société d' avocats DAMY - 2014 - TAXATION OF THE MOST VALUED REAL ESTATE IN FRANCE: US AND CANADIAN CITIZENS ALWAYS DISCRIMINATED BY TAX ADMINISTRATION