Object : Implementation of the French exit tax CONTEXT The fight against tax evasion processes, and in particular when they result in the relocation of the most important incomes and patrimonies, is one of the objectives of the legislator. The French...
Order No. 2016-827 of 23 June 2016 on markets in financial instruments adapts French legislation to several European texts. In particular, it transposes Directive 2014/65/EU, known as ‘MiFID II’, and takes the measures implementing Europe...
A new procedure for fiscal control, which is an intermediary between the document control and the accounting verification, is introduced. The Administration may thus, when taxpayers compelled to keep and present accounting records keep their accounts...
Elimination of double taxation on international flow, which is the main purpose of bilateral tax treaties, is not perfectly achieved in several situations. The recent changes of case-law highlight again the fact that that the solutions found over tim...
The contractual termination might be the final straw of the amicable termination of the employment agreement It results from the combination of articles L1231-11 and L1237-112 of the French Employment Code (“Code du Travail français”) that the contra...
Have you foreseen to take over a company which is chargeable to corporate tax? Have you thought about another transaction more interesting than a simple corporate buyout: to create a takeover holding? Which benefits? LBO : a common transaction The bu...
A fiscal mechanism foresees an exemption for the VAT to which the transfer of an immovable affected by a rental activity is subjected to. I.CASES WHERE THE EXEMPTION IS POSSIBLE: Article 257 bis of the French tax code (“Code general des impôts”) prov...
The article 1025 of the French Civil Code (“Code civil”) states that: “The testator can name one or several executors that benefit of the full civil capacity to ensure and handle the execution of his wishes. The Executor that has accepted is mission ...
COUNTRY-BY-COUNTRY REPORT: The OECD’s (“Organization for Economic Co-operation and Development”) project BEPS (“Base Erosion and Profit Shifting”) foresees, in order to improve transparency in favor of administrations, the implementation of a communi...
New provisions have been implemented by the law n°2015-990 of the 6th of August 2015 for the growth, activity and equality of economic chances referred to as the Macron law. The changes are visible in articles 71, 81, 82 and 98 of this law. TERMINATI...
Breach of contract Breach of contract is provided by articles L. 1237 to L 1237-16 of the French Labor code (“code du travail”) from the legislation n°2008-596 of the 25th of June 2008 on the modernization of labor market. It allows a breach of a con...
After the French Court of cassation (“Cour de cassation”) case of the 11th of March 2014, the legislator’s decision, in his legislation of the 31st of July 2014, is to limit the powers of the super-expert (“tiers-expert”) and to return its substance ...
