The “e-invoicing” saga continues! The French Ministry of Budget and Public Finance has just published a new press release, n°010, dated 15 October 2024, setting out the practical details of the reform of e-invoicing (link to French version). In essence, while the timetable for rolling out the reform has been confirmed, the scope of the […]
The decision of the Danish Supreme Court of 9 January 2023[1] has confirmed the possibility of applying the tax treaty between the country of the source of income and the country of the beneficial owner (versus the country of the apparent recipient) for the purpose of exemption from withholding tax. This defence in case of […]
Please find attached the summary of the VAT and Customs measures contained notably in the Finance Law for 2022. The following measures are presented and commented on in detail in this document, together with a practical analysis. 01 I Main measures affecting the physical flow of goods Suppression of the Intrastat return (“DEB”), which will […]
In the anticipation of the upcoming year 2022, please find attached the summary of the VAT and Customs measures as stipulated notably by the Finance Bill for 2022. The following measures are presented and commented on in detail in this document, together with a practical analysis. 01 I Main measures affecting the physical flow of […]
Article 195 of the Finance Act for 2021 entitled the Government to adopt by ordinance, within nine months of its publication, all necessary measures to ensure the generalization of e-invoicing. It’s done! The ordinance n°2021-1190 of September 15th, 2021[1] relating to the generalization of e-invoicing in the frame of domestic B2B transactions end e-reporting (hereinafter, […]
The French Constitutional Council has just censured the provisions of article 1737, I, 3° of the French Tax Code (FTC) [1] on the failure to issue an invoice [2]. For the record, these provisions impose a tax fine of 50% of the amount of the transaction on a supplier liable for French VAT for not […]
On December 17, the Finance Act for 2021 has been voted by Parliament. Now the terms of application of this tax credit are final under confirmation of the Constitutional Council As a reminder, the measure aims at granting a tax credit, equal to 50% of the rents waived during the period of application of the […]
The French government has introduced an amendment to the Draft Finance Bill for 2021 in order to introduce a tax credit for lessors who have granted rent waivers to their lessees who are particularly vulnerable to the current crisis. On the basis of the text adopted at this stage by the National Assembly, the tax […]
In a LUPA decision dated November 4, 2020[1], the French Supreme Court specifies the consequences of a late filing of the #2746 tax form regarding the annual 3% tax on real estate in case of “recidivism” (“3% Tax“). The sanction, although severe but in accordance with the law, leads to the payment of the 3% […]
You will find attached the analysis of the VAT measures of the 2021 PLF prepared by the Cabinet Arsene’s VAT team with the Taxand Service Line. In this document, the following measures are presented and discussed in detail, along with a practical analysis. 01- Implementation of a French VAT Group (Article 45 of the Draft […]
In a decision dated September 9, 2020, [1] the French Administrative Supreme Court confirmed [2] the possibility of exercising the option to subject rents to VAT on a lot-by-lot basis and no longer on a global basis per building or property complex. Principle: a global VAT option per building or property complex. As a reminder, […]
In a decision of 8 November 2019 (Supreme administrative Court, 8th and 3rd ch., 8 November 2019, n°430543, min. c/ Sté Masterfoods Holding SAS), the French Supreme administrative Court (“Conseil d’Etat”) ruled that income distributed by a company incorporated under German law in the form of a “GmbH & Co KG”, to its French limited […]