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Fiscal

Fiscal

Fiscal

Recent Tax Reforms

Recent Tax Reforms in recent months, France has witnessed a flurry of tax reforms occurring at an accelerated speed.Rapid Pace of Tax Reforms in France: (Recent Tax Reforms) The government's attention has shifted from an extensive overhaul of real estate capital gains...

How to get a tax credit by installing photovoltaic panels

Works credit Since September 29, 2010, individuals installing photovoltaic panels can benefit from a 25% tax credit to promote the adoption of renewable energies . Applies to purchase expenses for photovoltaic panels for the principal residence, but not to...

Publication of the second amending finance law for 2012

Publication of the second amending finance law for 2012: the second amending finance law for 2012 , dated August 16, 2012, was published in the Official Journal of August 17, 2012. This second amending finance law entered into force on August 18, 2012, except for the...

The Tax Credit for Competitiveness and Employment (CICE)

Since the beginning of 2013, companies have been able to benefit from the CICE , which corresponds to a tax credit equal to 4% of the amount of remuneration lower than 2.5 times the minimum wage. The refund is immediate and no longer chargeable to income tax. The CICE...

Changes to the tax system

Change in the tax system Minister Gérald Darmanin is adopting a proactive approach to inform the French population of a significant change in the tax system. At the end of December, he plans to send a letter to all French citizens explaining the implementation of this...

Clarification of tax exemption

Clarifying tax exemption  Exemption of financial investments: impact and relief for  non-residents In a significant judgment, the Court of Cassation clarified that the financial investments of non-residents are exempt from the wealth solidarity tax (ISF), without...

What are the advantages of non-professional furnished rentals?

The advantages of non-professional furnished rentals  Discover the system of non-professional furnished rentals: advantages and news Non-professional furnished rental program: – Maître DAMY, expert in real estate law, sheds light on the non-professional furnished...

Finance Act 2019: extension of the concept of abuse of rights

Finance law implications The  2019 finance law broadened the notion of abuse of rights, with important implications. To fully understand the intricacies of this legal transformation, it is advisable to consult a lawyer in Nice who can provide you with ...

Implementation of withholding tax

Withholding tax  The tax administration has put in place a new system for implementing withholding tax, which can be done either by paying a deposit or by direct deduction at source, depending on the type. of taxpayer's income. To understand this new system in detail,...

Tax credits and income tax calculation

Tax credit and income tax calculation. Tax credits and withholding tax remain important in the calculation of your income tax, even if withholding tax was introduced in France in 2019. As part of these regularizations, we have established that we will pay directly to...

The tax implications of home renovations

Tax strategies  Your expert lawyer in tax law deciphers the law very simply. With the white year in 2018, real estate investors are faced with a problem: should work be done in 2018, in 2019 or postpone it? A question that concerns all those who rent an  empty...

Centralized filing point for Monegasque residents

Beautiful Transition  Warning! As of November 1, 2017, a significant change has been implemented for Monegasque residents who are natural persons, whether or not they are domiciled in France for tax purposes. They are now required to file their income tax, wealth tax,...

Wealth tax reform

The reform of the wealth tax (ISF) was implemented in accordance with Emmanuel Macron's presidential program, thus replacing the ISF with the real estate wealth tax (IFI). In this new system, savings, financial investments and other assets such as yachts, luxury cars...

Housing tax reform

Housing tax reform  On September 13, the Minister of Public Accounts, Gérald Darmanin, unveiled the details of a new reform, specifying its terms of application. The reform will not affect the 2017 council tax. Implementation will begin in 2018 with a one-third...

Abolition of the RSI

Abolition of the RSI  The RSI (Regime Social des Indépendants) has faced numerous dysfunctions since its creation, when it was responsible for ensuring the social rights of around 6.6 million French people. Aware of the general dissatisfaction with the system among...

French Tax Disputes

French tax disputes  In France, the principle is to pay the tax claimed by the tax administration, then secondly to make a request for relief in the event of a dispute over the amount paid. However, there are deadlines for filing this  challenge  . Deadlines and tax...

Transition to withholding tax: adjustments and deferrals

French tax transition  The tax system in France is traditionally declarative, with taxpayers receiving a pre-filled declaration each year, which they can validate or modify based on their income from the previous year. The tax payable is then calculated on the basis...

Implementation of withholding tax planned for 2018

Presented as an instrument of tax simplification, the withholding tax , planned to apply from January 1, 2018, is intended to replace the current system of tax payment the year following that of income collection. Established by the finance law for 2017, adopted on...

Taxes: the government strengthens the IR relief

Taxes Despite announcements of tax reductions, taxpayers are still faced with several new measures. Some reduce the bill, others on the contrary  increase it  . However, two main directions are emerging, namely channeling even more savings in favor of businesses and...

Opinion of the CJEU concerning the levy of the CSG and CRDS

Judgment of the Court of Justice of the EU  The Court of Justice of the European Union ruled against France regarding the levy of the CSG and the CRDS on the income from the assets of non-resident, French and foreign taxpayers. They can demand repayment within two...

Tax Ruling

Tax Ruling the Court of Justice of the European Union has ruled against France concerning the levy of the CSG and the CRDS on the income from the assets of non-resident taxpayers, French and foreign. They can demand reimbursement within two years after payment of...

Tax representation: in which cases is it mandatory?

Tax representation By making a taxable real estate capital gain in France, you are required to appoint a tax representative approved by the French tax administration (CGI, article 244 bis A).Since January 1, 2015, this obligation only applies to non-residents...

Tax discrimination: what to do?

Tax discrimination   Russian friends residing in France, have you recently resold a villa or apartment located on the Côte d'Azur or elsewhere in the country? There is no doubt that the tax bill must have seemed “heavy” to you, since it now amounts to almost 50% of...

Tax agreement

Tex agreement Russian friends residing in France, have you recently resold a villa or an apartment located on the Côte d'Azur, or somewhere else in the country? There is no doubt that the tax bill must have seemed "salty" to you, since it now reaches almost 50% of the...

Tax equality: the Council of State decides

Decision of the Council of State: End of tax discrimination  The Council of State , in a decision dated November 20, 2013, had to address the question of the tax rate applicable to capital gains on real estate generated in France by taxpayers residing for tax purposes...

VAT exemption conditions in medical and cosmetic surgery procedures

To be exempt from value added tax (VAT), medical and cosmetic surgery procedures must: – on the one hand, be carried out by professionals practicing in the legal and regulated field of medicine (article 261 cpc)   ,  – on the other hand, pursue a therapeutic purpose,...

Transparency of tax adjustments

According to article L. 57 of the general tax code , applicable in this case, the tax administration is required to send the taxpayer a reasoned notification of adjustment. This notification must allow the taxpayer to express his observations or indicate that he...

Changes to overtime regulations: impact on VSEs

In a recent question-and-answer circular, the Administration provides clarifications regarding the adjustments resulting from the 2nd amending finance law of August 16, 2012. These adjustments specifically focus on the partial abolition of the preferential scheme for...

Reduction of income tax: Decree No. 2012-992 of August 23, 2012

Building Restoration In order to provide clarity and guidance regarding the income tax reduction outlined in Article 199 series of the General Tax Code, the French government issued Decree No. 2012-992 on August 23, 2012. This decree specifies the declarative...

Export declaration in fallback procedure

A decree published on August 10 chooses the paper export declaration model as a fallback procedure. An order indicates the choice of the model of the paper export declaration when the Customs system or that of the operator does not work, that is to say in the case of...

Right to deduct: cost of sale of equity securities

The Council of State has laid down the rules applicable to the deductibility of VAT paid on expenses related to the sale of equity securities. When a holding company, which engages in an economic activity for which it is subject to VAT, plans to sell all or part of...

Tax Equality

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...

Arbitration Award: Dismissal Compensation and Tax Reinstatement

Arbitration Award: Dismissal Compensation and Tax Reinstatement When an employee receives  termination compensation without valid reason by arbitration award, he or  she may choose not to declare this compensation as part of his or her overall income. However, the tax...

VAT Exemption Compensation

VAT Exemption Regime: Loss of Deduction and Reporting Under the VAT exemption regime, a craftsman, following the advice of his accountant, no longer needs to file VAT declarations. However, this also means that the craftsman loses the ability to deduct the VAT paid on...

Taxation of GFA Shares

The taxation of GFA (Groupements Fonciers Agricoles) shares under the Impôt sur la Fortune Immobilière (IFI) is typically based on their market value as of January 1st of the tax year. However, exemptions exist when the shares qualify as professional property or are...

Taxation Dynamics

Expenses of Major Repairs as Personal Debt of the Bare Owner In the realm of property ownership, it is crucial to understand the division of responsibilities and debts between the bare owner and the usufructuary. One key aspect to note is that only the expenses...

Clarifications on the 2012 budget law system

Details on the concept of French and foreign companies: For the collection of transfer duties for consideration on the transfer of social rights, French companies are those whose registered office is located in France (see basic administrative doctrine (DB) 7 D 5 §...

The tax on household waste in commercial leases

Garbage Tax Liability in Commercial Leases With regard to the tax for the removal of  household waste  in commercial premises, the responsibility lies by default with the lessor, unless otherwise stipulated in the lease contract. In the absence of such a provision,...

Business transfer: the Dutreuil pact

The Dutreil Pact is a measure aimed at  promoting  the transfer of businesses by offering significant tax benefits to both companies and sole proprietorships  . In this article, we will explore key aspects of Dutreil schemes, including eligibility criteria and...

Modification of deficit carry-forward mechanisms

Article 2 of Law No. 2011-1117, passed on September 19, 2011, amends the finance provisions for the determination of results for financial years ending on or after September 21, 2011. These amendments affect the mechanisms for carrying forward and backward deficits...

Taxation of Non-Resident Capital Gains

Taxation of Non-Resident Capital Gains Recent decisions have shed light on the taxation of capital gains on real estate owned by non-resident natural persons from the European Union (EU) and the European Economic Area (EEA). The Tax Administration has been inclined to...

Tax Adjustment

It is useful to contact a tax lawyer in the event of a tax adjustment, to find out if it is possible to contest it. Contact a tax lawyer Taxation is a complicated area. It is best to go see a lawyer who specializes in tax law. He will be able to tell you whether or...

Tax essentials

It’s not always easy to complete your tax return! Should it be done online? What are the remedies in the event of an error? Do I have to declare my income if I am not taxable? No, but doing so allows you to obtain a non-taxation notice, a document necessary to obtain...

Taxes and duties: housing tax

The housing tax, the amount of which differs from one municipality to another, is used to finance certain public expenditure. Who is liable and under what conditions? Why is it ? Who pays it? The housing tax is collected on behalf of the municipality and the...

Tax control of computerized accounts

During tax audits of computerized accounts, companies must respond to specific requests from the administration, but some of them are ill-prepared. What are the risks in case of non-compliance? And how to fix it? What is this? The tax control of computerized accounts...

Real estate VAT: what you need to know

When selling real estate, and depending on the case, the VAT may vary. How to be exempt? And how to react to a property dealer? If the building is less than five years old In this case, the sale of the building is subject to VAT at the rate of 20%. This transfer is...

What to do in the event of a tax audit?

What is a tax audit? How is it going? What risks do we run? What is it about ? Tax control refers to the action carried out by a representative of the Public Treasury to establish the concordance between the declarations prepared by the taxpayer and the elements...

What to do in the event of a tax audit?

What is a tax audit? How is it going? What risks do we run? What is it about ? Tax control refers to the action taken by a representative of the Public Treasury to establish the concordance between the declarations made by the taxpayer and the information available to...

Taxation of corporate mergers and acquisitions in 2022

Taxation of mergers and acquisitions of companies in 2022: The merger or acquisition of two companies is a complex and perilous operation. The tax-efficient structuring of such transactions can mean the difference between a mediocre result and a success. Not only does...