Article 26 of the law 2018-1203 of 22 December 2018 on the financing of social security for 2019 has inserted a paragraph I ter into articles L136-6 (property income) and L136-7  investment products) of the Code de la sécurité sociale [French social security law], in order to achieve its compliance with the position of the CJEU following the “Ruyter” judgment. It is thus now enshrined ...

The fraudulent concealment of assets in trusts, brought out into the open by the dispute between the widow of Daniel Wildenstein and her two stepsons in connection with the settlement in France of the estate of the well-known deceased art dealer, led French lawmakers to institute a tax framework in France for assets placed in trusts set up abroad. Case law concerning trusts, which were hitherto not ...

A legal document drafted in one State cannot be effective in another State unless the legalisation formality is completed. It shall be noted that regarding court decisions, an enforcement formality will in principle be necessary for a judgement rendered abroad to be enforceable in another country. We will successively examine the general regime of legalisation, and then its simplified version (Apostille)  ...

French decree no. 2016-567 of 10 May 2016 created, via Article 1649 AB of the French Tax Code, a "public register of trusts ", with the aim of achieving transparency and combating tax fraud and evasion (particularly by preventing use of dummy corporations). The conditions for implementing the register were stipulated by an order of 21 June 2016. An interim order of the Council of State and a recent ...

In a ruling of 19 May 2016 (no. 14VE01214), the Administrative Court of Appeal of Versailles judged that a trust incorporated under British law could be likened to a French public-interest foundation, thereby exempting it from withholding tax on distributed dividends of French origin in respect of income declared for tax years 2010 and 2011. A British charity trust was in a dispute with the ...

Decree no. 2016-567 of 10 May 2016 is designed to promote transparency, and through Article 1649 AB of the General Tax Code, establishes a "public register of trusts".   The objective pursued by the text is the registration of trusts insofar as one of the components of the common law mechanism is in France: - if it concerns parties, it is the tax domicile in France that will be taken ...