25 NOVEMBER 2016
25 NOVEMBER 2016
Contribution of temporary usufruct of shares in an SCI subject to Income Tax (IT) to a company subject to Corporate Income Tax (CIT): an abuse of law?
Among the clarifications made in 2016 concerning the dividing-up of shares of SCI, the Committee of Abuse of Tax Law decided by a Notice of 13 June 2016, on the abusive or not abusive nature of a contribution of the temporary usufruct of the shares of an SCI (IT) to a company subject to CIT.
22 SEPTEMBER 2016
The regime governing property dealers and the partial non-observance of the commitment to resell: still not too late to claim a refund or request an adjustment!
Pursuant to article 1115 of the French Tax Code (FTC), the acquisition of properties by a taxable person subject to VAT, made with a commitment to resell within five years, will be subject to registration fees at a rate of 0.715% instead of 5.80% (or 6.40% in the Ile-de-France region).
Should this commitment to resell not be met, the purchaser must pay the difference in fees, plus late-payment interest at a rate of 4.80% per annum (article 1840 G ter of the FTC).
26 JULY 2016
The Lupa ruling: new tax uncertainty regarding sales of real estate companies!
The subject is a quite difficult one as it involves the application of the Quémener ruling1 to restructuring operations carried out after the acquisition of an SCI [société civile immobilière, real estate partnership] (or an SNC [société en nom collectif, partnership]) that is not subject to Corporate Income Tax (CIT) where there is a deferred capital gain on the real estate assets it owns.
17 JUNE 2016