Publications
21 September 2009
Tax law
Registration taxes
A transfer of shares may be recharacterized into a transfer of going business
In a case dated 12/16/2008, the French High Tax Court (Sté Forocean) decided that the acquisition for a one Euro of a more than majority stake (79% of the share capital) of an existing 20% subsidiary facing financial difficulties then followed by forgiveness of debts and dissolution of the subsidiary was in fact a transfer of going business subject to registration tax on the value of said going business. No reference is made to any abuse of law in such Court which is in contradiction with numerous Court cases that denied such a re-characterisation into a transfer of going business.
This author's articles
Other Publications
Tax law
Transfer tax in case of shares held in a foreign real estate entity
7 June 2010 - By
The French tax administration rules on the possible use of a credit for foreign taxes
Exceptional tax on bonuses paid by French banks and investment institutions (Corrective Finance Bill for 2010)
26 March 2010 - By Stéphanie Le Men-Tenailleau
The French Parliament adopted on March 9 the Corrective Finance Bill for 2010, which creates an exceptional 50% tax on variable compensations paid to some of their employees by bank (...)
Social security regime of the conventional termination indemnities and of "Golden parachutes"
21 September 2009 - By Stéphanie Le Men-Tenailleau
Circular of the French social security direction dated July 10, 2009 in relation to the new social security treatment of some termination indemnities.
Change in French business tax
21 September 2009 - By
Brief on French business tax to be replaced by a new tax so-called "Cotisation Economique Territoriale" (Draft Finance Bill for 2010)
New impatriates regime: additional information
20 September 2009 - By Stéphanie Le Men-Tenailleau
The French tax authorities published on July 30, 2009 a tax circular related to the impatriates regime, as amended by the law dated August 4, 2008. Here are the main additional information given (...)