FRENCH SOCIAL CHARGES TAXED 15,5 % ON PROPERTY INCOMES PAID BY NON RESIDENTS TO BE RULED CONTRARY TO EU LAW

Benjamin A. Kergueno, LL.M > Post on french property tax > FRENCH SOCIAL CHARGES TAXED 15,5 % ON PROPERTY INCOMES PAID BY NON RESIDENTS TO BE RULED CONTRARY TO EU LAW

French social charges taxed 15,5% on property incomes paid by non residents to be ruled contrary to EU law.

The ECJ’s General Advocate Sharpston says in pending case C-623-13 that the french social charges taxed 15,5% on property incomes paid by non residents are contrary to EU Regulation n°1408/71.

This would apply to property incomes such as rents and capital gains.

Download the PDF DOCUMENT : OPINION OF GENERAL ADVOCATE SHARPSTON

The future ruling of the ECJ, if it was to be following Ms Sharpston’s opinion, could cost the French State to repay about 344 millions euros only for the year 2012…

It is reminded that formal claims must be filed in within a period of two years maximum after the income tax on capital gains or rents is paid.

 

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