The French supplemental Finance Bill for end 2012

Similar documents
resident in France, and the income tax advantages.

The Tax Information, Exchange Agreement between France and Jersey. in force as of 11th October, 2010

Multilateral. Instrument Matching Database

SOME MAJOR CHANGES DID AFFECT THE ALL TAXATION SYSTEM IN FRANCE SINCE GENERAL PRESIDENTIAL ELECTION AND NEW CHAMBERS

AML et Protection des données : un mariage difficile? 26 September 2017

Public Distribution of the Shares of the Company in Luxembourg

French taxation. For those who are resident in France there are five tax rates and bands on net taxable income, as follows:

2 National tax systems: Structure and recent developments

Secretary s Report November 9, Amendments to By-Law 6. Tab 7. Prepared by the Secretary Jim Varro ( )

Certificate of Incorporation Certificat de constitution

Employees working outside of France

French tax reform concerning trusts and non-residents.

Paris Tax Alert. French Government presents 2014 Budget.

... O N T A R I O L I M I T E D

Federal Court of Appeal Cour d'appel fédérale Date: Docket: A CORAM: NOËL J.A. DAWSON J.A. TRUDEL J.A. Citation: 2010 FCA 159 BETWEEN:

The Chartered Tax Adviser Examination

2017 TAXES EMPLOYEES WORKING OUTSIDE OF FRANCE. You are leaving France You live outside France You are returning to France Taxation and payment

CONTENTS CAPITAL GAINS TAX SIMPLIFICATION CAPITAL GAINS TAX SIMPLIFICATION. Introduction DOMICILE AND RESIDENCE

Non-French tax residents are subject

Building blocks. Structuring European property investments

Taxation of French pensions paid to a resident of North America (United States of America or Canada)

... O N T A R I O L I M I T E D

Swiss Lump Sum Taxation

Part 2 GAZETTE OFFICIELLE DU QUÉBEC, November 20, 1996, Vol. 128, No An Act to amend the Taxation Act and other legislative provisions

First Supplement dated 5 October 2017 to the Euro Medium Term Note Programme Base Prospectus dated 14 September 2017

ARTICLES OF ASSOCIATION DATED JUNE 24, 2014

Nutrien Ltd. Corporate name / Dénomination sociale Corporation number / Numéro de société. Virginie Ethier. Director / Directeur

Luxembourg Parliament approves 2016 tax measures

Form 4001 Articles of Incorporation Canada Not-for-profit Corporations Act (NFP Act)

(^^^I^^^^-^^ January 4,2010 / le 4 janvier Canada. Industrie Canada. Industry Canada. Certificat de fusion. Certificate of Amalgamation

CanniMed Therapeutics Inc. Corporate name / Dénomination sociale Corporation number / Numéro de société. Business Corporations Act.

Morocco Tax Guide 2012

News, Events & Publications

The Joint Committee on Taxation of The Canadian Bar Association and Chartered Professional Accountants of Canada

Income Tax INTERPRETATION AND ADMINISTRATIVE BULLETIN CONCERNING THE LAWS AND REGULATIONS

Bill 59. An Act to amend the Taxation Act, the Act respecting the Québec sales tax and various legislative provisions.

The Chartered Tax Adviser Examination

Welcome. UK Tax Update Jason Laity. 7 December, 2016

ETFS Foreign Exchange Limited. Collateralised Currency Securities

Capitalised terms used but not defined herein have the meanings assigned to them in the Prospectus.

STEP HONG KONG BRANCH NEWSLETTER July UK taxation of usufructs. Paul Stibbard TEP, Rothschild Trust, London

2016 Annual Results. Mr. Christian Mulliez. February 10 th, Chief Financial Officer

French tax reform concerning trusts by Peter Harris. Trusts: article 21, the main core of the text

Chapter 15. Taxation of Individuals

Stelco Holdings Inc. Corporate name / Dénomination sociale Corporation number / Numéro de société. Business Corporations Act.

2018 Half-year results

The impact on Equity Plans of EU Discrimination Law

2017 HALF-YEAR RESULTS

Annual General Meeting

DIRECTOR : Enderstein Van der Merwe Inc. Law firm with offices in Cape Town & Johannesburg

Roche & Cie. Chartered Accountants Since 1948 Specialists in Property for Non-Residents INVESTING IN FRANCE PROPERTY TAXATION 2018

DISPOSITIONS PARTICULIÈRES APPLICABLES DE "THE PENSION PLAN FOR THE EMPLOYEES OF LAURIER LIFE HOLDINGS LIMITED AND ITS ASSOCIATED COMPANIES"

Chapter 4 Taxation of Investors and Investments. 16 questions

1,000,000,000. Freddie Mac. GLOBAL DEBT FACILITY 5.75% Notes Due September 15, Reference Notes SM

s g .. "a "I] "',,_ ,l;" <, ') '...,-(,... l,.,... AN ACT TO AMEND THE GASOLINE AND MOTIVE FUEL TAX ACT

Budget. Reducing Income Tax

Foreign investment property. Foreign investment portfolios. Foreign bank accounts. Taxing Foreign Assets. Tax issues for

Inhertitance Tax Rules, Why You Need a Will, and Domicile - A Complete Guide - Investment International

DU GRAND-DUCHÉ DE LUXEMBOURG MÉMORIAL A

THIRD SUPPLEMENT TO THE BASE PROSPECTUS DATED 3 SEPTEMBER RCI BANQUE (incorporated in France as a "société anonyme")

Trusts BASIC STRUCTURE OF A TRUST SETTLOR TRUSTEE TRUST BENEFICIARIES

BNP Paribas Arbitrage Issuance B.V. BNP Paribas

STEP Bahamas. 11 th October The tax treatment of trusts in Continental Europe: Belgium, France, Germany, Italy, the Netherlands and Switzerland

2006 STEP Canada National Conference Practitioner / CRA Round Table June 13, 2006

Certificate ofi Incorporation Certificat de constitution

CHAPTER 1 INTRODUCTION TO TRUSTS

Cabinet BRAHIN Avocats

FIRST SUPPLEMENT DATED 6 AUGUST 2018 TO THE DEBT ISSUANCE PRO GRAMME PRO SPECTUS DATED 9 MAY 2018

That it is expedient to implement certain provisions of the budget tabled in Parliament on March 23, 2004, as follows:

Mobility matters The essential UK tax guide for individuals on international assignment abroad

Guide To Filing the RL-16 Slip. Income.

Comité mixte sur la fiscalité de. L Association du Barreau canadien. et de. L Institut Canadien des Comptables Agréés

Capital gains tax the fundamentals

Personal tax and trust planning

2014 Annual Results. Friday, February 13 th Mr. Christian Mulliez Executive Vice-President Chief Financial Officer

Decision of the Dispute Resolution Chamber

CHAPTER 2 CALCULATING THE INCOME TAX LIABILITY

SPECIAL TAX REGIMES IN PORTUGAL: THE NON-HABITUAL TAX RESIDENT REGIME

Information Circulars: IC 70-6R5, Advance Income Tax Rulings

LLOYDS BANK PENSION SCHEME NO.2 SCHEME BENEFITS SUMMARY

EASY WAY CATTLE OILERS LTD. and HER MAJESTY THE QUEEN. Heard at Saskatoon, Saskatchewan, on November 14, 2016.

Avalon Rare Metals Inc. Corporate name / Dénomination sociale Corporation number / Numéro de société. Marcie Girouard. Director / Directeur

CHAPTER 9 RELEVANT PROPERTY TRUSTS FURTHER ASPECTS

For foreign nationals: A certificate issued by the local authorities of. the new domicile in Luxemburg showing the

Office of the Auditor General / Bureau du vérificateur général FOLLOW-UP TO THE 2010 AUDIT OF THE CITY S MANAGEMENT OF A LOAN AGREEMENT 2012 SUIVI DE

Instructions Concerning the Conversion of a Defined Contribution Pension Plan into a Simplified Pension Plan

France doesn t have trust laws; a trust can t be

Palos Weekly Commentary

Mr Christian MULLIEZ Executive Vice President, Administration & Finance. Annual General Meeting April 27 th, 2010

I. INTRODUCTION. INITIAL CONSIDERATIONS.

An Act to give effect mainly to fiscal measures announced in the Budget Speech delivered on 28 March 2017

Taxation of trusts. Delegates notes John Thurston 20/01/15

Crédit Mutuel Arkéa Home Loans SFH France

A Partnership Insured Entity Purchase Buy-Sell Plan

France Taxable income. Introduction. 1. Individual Income Tax 1.1. Taxable persons

Arkea Home Loans SFH France of which eligible

2017 Annual Results. 9 February M. Christian MULLIEZ. Chief Financial Officer

Cartels(and(follow.on(damages(actions,( Lincoln s(inn,(24(november(2014( !!!

Arkea Home Loans SFH France

Trusts and Taxation: Rumours and Realities. September 2017

Transcription:

Peter Harris Friday 7 th July, 2012 The French supplemental Finance Bill for end 2012 The Minefi Press Release of yesterday needs checking carefully: http://www.economie.gouv.fr/files/dp_plfr_2012.pdf Further to the Newsflash, the immediate issues arising from the proposed Bill affecting nonresidents owning French Property are : The supplemental ISF charge in addition to the existing rates for 2012. The actual filing mechanisms are now potentially doubled, there will be the normal filing date for net wealth over 1.3 million by 1st September, and a second filing date for the additional contribution by 15th November; The attempt to extend social contributions, which used to be national insurance deficit contributions, to rental income and capital gains paid to non-residents; and The reduction of the allowances in direct line in succession from the earlier higher amount of to 159.325 to 100.000 per child which will certainly affect dispositions of French property on death for those who are not otherwise organised. Inter spouse transfers remain exempt, but the period in which inter vivos gifts to issue can be recalled into the succession and then taxed is increased to fifteen from ten years. This tax treatment is not the same as a Potentially Exempt Transfer but operates to similar effect. The question of whether a non-resident is technically outside the scope of social security deficit contributions under the relevant EU regulations will need to be addressed. The French 1 P a g e

administration chose to move the deficit compensation levy from NI contributions to an income tax format, and felt unable at that time to charge non-residents for what was effectively a French social security problem. However, this attitude has changed, and it is now clear that the social security deficit contributions will be extended to CGT and rental income. Whether and how this can be correlated to EU law is another matter. Most of the anti-avoidance measures such as the reversal of the burden of proof where a subsidiary is based in a fiscally privileged tax régime abroad, concern corporates. The remainder of the anti avoidance and anti evasion methodology will also probably be updated in 2013, as it is clear that the amount of Wealth with French connections in trust, at least in the Channel Islands will be significantly less than the unsubstantiated allegations of IIR and Tax Justice Network. There has yet to be any announcement as to the mechanism of the 990J levy on trustees which would normally be announced soon. The intentions of the Government as to the 990J Levy are not yet clear. The Press Release sets out the following in greater detail: The Wealth Tax changes For those taxpayers whose net wealth exceeds 1,3 million (therefore liable to ISF for tax year 2012), there is a further exceptional levy on wealth, cumulated at progressive rates identical to that applied for ISF owed fro tax year 2011. ISF paid for 2012, before tax reductions, will be creditable on the amount of this exceptional levy. 2 P a g e

The payment procedure for this exceptional levy on wealth will be as follows: - Resident taxpayers whose net wealth falls between 1.3 and 3 millions will receive in October, 2012 at the same time as their ISF receipt the amount of their exceptional contribution which will have to be paid by 15 th November, 2012, and will not need to take any further steps. - Resident taxpayers whose net taxable wealth is equal or over 3 million, as well as Nonresident taxpayers whose net wealth exceeds 1,3 million, will receive a specific declaration in October for their exceptional levy which is to be filed with their tax office before 15 th November at the latest. Succession Duty : changes The current allowance of 159 325 will be reduced to 100 000 for gifts and succession on the share of ascendants and children. The allowance for the handicapped will be maintained at its current level of 159.325 euros. The period in which gifts, and shared gifts made to such persons can be called back into the succession is increased from ten to fifteen years preceding the decease, together with certain other agricultural gift exemptions and the period at which certain cash gifts obtain exemption. The allowances will no longer be automatically increased annually by reference to the Income Tax rate index. These measures will apply to tax points occurring on the coming into force of the loi de finances rectificative pour 2012. The extension of Social Contributions to income and capital gains paid to non-residents on Reform of succession duty allowances in Direct Line 3 P a g e

This is by far the most difficult issue: It is phrased in the following manner: Les revenus tirés de biens immobiliers (loyers ou plus-values) par des personnes, françaises ou étrangères, qui ne sont pas résidentes fiscales en France sont, en principe, imposés en France. En revanche, ces revenus ne sont pas soumis aux prélèvements sociaux sur les revenus du capital. La mesure proposée consiste donc à soumettre les revenus que les non-résidents tirent de biens immobiliers situés en France aux prélèvements sociaux sur le capital (au taux cumulé de droit commun de 15,5%), impositions de toute nature distinctes des cotisations sociales. Income from immovable assets, (rental or gains) realised by individuals, French or foreign who reside outside France for tax purposes are generally taxed in France. However this income is not subject to social security contributions on income from capital. The measure proposed will therefore subject income made by non-residents from French situs immovables to social security contributions on [income from] capital (at the cumulated rate of 15.5%), social security contributions being distinct from other taxes. These charges will be in addition to the Income tax and Capital Gains Tax charges, not a substitute. The following examples are given: Case n 1. Mr A, a foreign investor, sells a property he owns in Paris at a taxable gain of 4 million. At present he pays no social contribution. With the proposed measure, he will pay as from tomorrow (7th July, 2012) a social contribution of 620.000. The term gain is employed. This appears to be in addition to the one third capital gains tax on the disposal for a non-eu resident and the 19% for an EU resident. 4 P a g e

Case n 2 : Mrs. B, a French pensioner, has retired to Morocco. She receives a rent of 100,000 per annum from the properties she owns in France. At present she pays no social security contributions, even though she also has a French pension. Under the proposed measure, she will pay, in the future, 15,500 social security contributions. Case n 3 : Mr. C. has moved to Germany but has continued to work in Strasbourg for a French company. He has let his previous residence and receives 12 000 after charges and expenses. Presently he pays no social security contributions on that despite being affiliated to a French state insurance scheme owing to his employment. Under the proposed measure he will pay 1,860 social security contributions on the rental income. There are rumours that the French administration will also increase the overall Capital gains rate from 19% to 34.5%, which will mean that other EU residents will be paying significantly more on disposals of French property than in the past. Whilst this might appear a trivial issue, the switch from a social security contribution to an income tax levy in the space of some 5 years should not go unnoticed by those, who in the administration s own examples, are already paying French social security elsewhere. Peter Harris Overseas Chambers 5 P a g e