This article was first published on Tax@Hand, and is reproduced on this blog with the authorization of its authors. On 28 August 2024, the French Tax Authorities (FTA) published guidelines Read More... Cet article FTA publishes guidelines on new criminal offense of facilitating tax evasion est apparu en premier sur Deloitte Société d'Avocats ..read more

Regulation (EU) 2023/1114 of 31 May 2023, known as the MiCA Regulation, which establishes the legal framework for crypto-asset services (previously referred to under French law as digital assets – Read More... Cet article MiCA Regulation: licensing applications as Crypto-Asset Service Providers are now open with the AMF est apparu en premier sur Deloitte Société d'Avocats ..read more

This article was first published on Tax@Hand, and is reproduced on this blog with the authorization of its authors. On 17 July 2024, the French tax authorities (FTA) published guidelines Read More... Cet article FTA guidelines address denunciation of tax treaty between Burkina Faso and France est apparu en premier sur Deloitte Société d'Avocats ..read more

As part of its simplification action plan for companies, the government has unveiled a number of measures of interest to R&D players. Acceleration of the payment of the CIR The government plans to create a dedicated mission to study the CIR instruction and payment chain. The objective is for 2/3 of CIR repayments to be made within less than 3 months. CIR certification: soon to be faster? The processing times for CIR certification application (agrément) are currently very long – 12 months on average – and it is not exceptional that the approval of a subcontractor for the 2023 CIR (filed in ..read more

The Council of State judges that staff already hired on a permanent contract (CDI), then holding a doctorate, benefit from the young PhD regime, during the first 24 months from their hiring (and not from the date of obtaining their doctorate), regardless they have not signed an amendment to their employment contract. The story Under the terms of article 244 quarter B, II, b of the General Tax Code, personnel expenses relating to personnel holding a PhD, directly and exclusively assigned to research operations, are taken into account for twice their amount during the first 24 months following t ..read more

This article was first published on Tax@Hand, and is reproduced on this blog with the authorization of its authors. The French Administrative Supreme Court ruled on 26 April 2024 that the taxable result of a French group could not take into account the final losses of the group’s Luxembourg branch (Conseil d’Etat, n° 466062). Background and facts of the case A French company belonging to a tax consolidated group requested that the final losses incurred by its Luxembourg branch be included in its taxable result for 2015, the year the branch was liquidated. This claim was based on the 2005  ..read more

This article was first published on Tax@Hand, and is reproduced on this blog with the authorization of its authors. The French Conseil d’Etat (Administrative Supreme Court) ruled on 19 February 2024 that the allocation of a tax credit for patent royalties paid by a Tunisian payer to a French company that are subject to withholding tax in Tunisia, is not limited to the amount of French tax imposed on those royalties (Conseil d’Etat, 19 February 2024, n° 469407, available in French only). Background and facts of the case Under the provisions of article 19 (royalties) of the France-Tunisia treaty ..read more

Less than 100 days to go until the opening of the Olympic/Paralympic games, visa sections around the world will have to process an increased number of visa applications in addition to the summer peak season. What’s the change? The visa applications will be processed differently depending on the status of the applicants intending to visit France for the participation or the attendance to the Olympic/Paralympic Games. Indeed, the French “Olympic Consulate”, set up early in January, is in charge of specific visa applications. In this regard, there are 3 main categories of visa applications: Olym ..read more

This article was first published on Tax@Hand, and is reproduced on this blog with the authorization of its authors. The Administrative Court of Appeal of Paris ruled on 1 March 2024 that the French horizontal tax consolidation regime is not contrary to the nondiscrimination clause of the France-Switzerland tax treaty. Background and facts of the case As a reminder, the French horizontal tax consolidation regime was introduced in France in 2014, following the decision of the Court of Justice of the European Union in SCA Group Holding and Others (12 June 2014, joined cases C-39/13, C-4 ..read more

The 2024 French Finance Bill, officially known as law n°2023-1322, was passed on December 29, 2023. It brings in new regulations aimed at strengthening the requirements for transfer pricing documentation and empowering the French Tax Authorities (FTA) to oversee transactions involving Hard-To-Value Intangibles (HTVI). This bill introduces three key measures concerning HTVI: Allowing the FTA to use ex-post financial data to assess the value of HTVI. Extending the statute of limitation period for HTVI-related transactions from 3 to 6 years (the standard limitation period in France). Granting th ..read more