TAX LAW

IFI debtors benefit from a 30% allowance on the market value of their principal residence.

However, this allowance does not apply when the principal residence is housed in a SCI.

This solution is confirmed by the Constitutional Council in a decision of January 17, 2020, which, having been seized of a QPC, considers that the difference in treatment, based on a difference in situation between a property and a partner in a SCI, is in accordance with the Constitution (decision no. 2019-820 QPC of January 17, 2020). 

In a judgment of March 18, 2020 (Cass. com., March 18, 2020, no. 17-20596, ruling 268 FS-P+B°), the French Supreme Court considers that the principle of adversarial proceedings provided for in Article L 80 M of the Tax Procedure Book is not respected when the taxpayer receives the documents on which the administration bases its decision after the establishment of the statement of offence.

An ICS that engages in merchanting transactions is subject to the SI in accordance with the provisions of Article 35 of the CGI.

In order to qualify the activity as a merchant of goods, case law uses two criteria: the speculative intention which is assessed at the time of purchase of the goods and the habitual nature of the resale purchase transactions (CE 3° et 8° ssr., 19 November 2008, n° 291039). 

Companies with sanitary equipment (hydroalcoholic gel, masks, protective clothing, etc.) are encouraged to donate their equipment to health establishments, social and medico-social institutions (including Ehpad), health professionals, and State services and local authorities.