Last publications
What the One Stop Shop will mean for EU taxpayers
Taxpayers will welcome news that a One Stop Shop (OSS) for EU trade across borders is on its way, after the European Council adopted a proposal advocating the scheme.
Publications
New withholding tax on share-option gains
The Amending Finance Bill for 2010 created a withholding tax which applies to profits made by non-residents on share-option gains, free shares and BSPCEs (stock warrants for business creators). But far from fulfilling the intention stated in parliament of “resolving the difficulties” of applying the existing law to this type of profits, the new withholding tax system proves to cause many technical contradictions and practical difficulties.
Stock options and international assignments
Taxation of the gains derived from stock options in a cross-border context has been a debated question for several years on the international scene. However, France, unlike other European countries, has not yet taken a stand in this area. The French Supreme Administrative Court (“Conseil d’Etat”) has just partly settled the debate in a decision dated March 17, 2010, in accordance with the guidelines developed by the OECD since 2004.
Stock-Options and termination for cause
The French Supreme Court confirmed for the first time, in a decision dated October 21, 2009 (n°08-42.026, Nebon-Carle c/ Sté Acxiom France), that section L. 1331-2 of the French labour code related to prohibited financial sanctions applies to stock-options.