Tuesday, 8 November 2016

French Constitutional Court strikes down 3% distribution tax exemption for consolidated taxpayers

The French Constitutional Court on September 30, 2016, ruled that the 3% distribution tax exemption available to members of a French tax consolidation is unconstitutional because it creates an unjustified difference in treatment between entities that are a part of a French tax consolidation and those that are not.

The ruling is expected to result in the application of the distribution tax to all French companies, even if they belong to a French tax consolidation.

Unless the French legislature rules otherwise, the decision of the Constitutional Court will effectively repeal the distribution tax exemption as of January 1, 2017.

Source: PwC