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This page is intended to keep our nonresident contacts informed of pertinent legislative developments or new legal precedents concerning international affairs which may impact their operations and require preemptive action.

Published on Monday 05/01/2015

In its judgment of November 20th, 2013 (n°361167) the Conseil d’Etat (French Administrative Supreme Court) ruled that the 33% rate resulting from the Article 244 bis A of the Code général des impôts (French Tax Code) is not compatible with the French-Swiss Tax treaty which contains a clause of equal treatment regarding the assessment basis and the taxation rate.

 

It confirms that Capital Gains resulting from the sales of real properties realized by Swiss residents in France benefit from the reduced income tax rate of 16 % (now 19% ) applying to French residents.

 

At the time this judgment was delivered , the French Conseil d’Etat had not yet explicitly ruled on the incompatibility of the tax rate of 33% for real estate capital gains with the provisions of European Community law constitute an obstacle to the free movement of capital raised by the TFEU (Treaty on the Functioning of the European Union). Indeed, all unjustified restrictions on free movement of capital between States Members of the EU and third countries are prohibited.

 

See our article on the condemnation of the tax rate of 33% real estate capital gains of non-residents

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Tags : International tax law Taxation Sale Apartment


Published on Monday 05/01/2015

The sale of a building held by a French non commercial company subject to income tax, is liable to real estate capital gains at the rate of 16%, for partners residing in France, European Union or a country belonging to the European Economic Area and having concluded with France a tax treaty including an article concerning the exchange of information.

However, Article 58 of the Treaty establishing the European Community permits to derogate from this rate by providing a clause settling a distinction between taxpayers who are not in similar case regarding their residence and the place where there funds are invested.

In this case, non-residents partners were taxed at a 33% rate according to article 244 bis A of the French « Code général des impôts ». French highest administrative court ruled on October, 20th 2014 that this article was incompatible with Article 58 of the Treaty in so far as the Swiss tax residence of the partners wasn’t an objectively different situation, justifying such a differential treatment.

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Tags : International tax law Taxation Sale Apartment


Published on Monday 05/01/2015

France has denounced tax conventions concluded with Switzerland regarding taxation of income, capital and inheritance. This measure will enter into force on December 31st, 2014. As a result, it is essential for cross-border workers, for Swiss residents who have economic interests in France and French residents having economic interests en Switzerland, to study the consequences of this status as soon as possible, in order to avoid the risks of tax adjustments related to double taxations that this denunciation is going to trigger.

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Tags : International tax law Taxation


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The interdisciplinary expertise of the Selarl Bruno Bedaride, notaire in Paris covers the following areas: corporate law, international contracts law, legal and tax advice, advice for international transmission, real estate law, family office, real estate and company finance law. We offer more particularly our services to non residents or foreign company who wish to invest, move or create a business in France.