222 bd Saint-Germain, 75007 Paris
32 bd Paoli, 20200 Bastia, Corse
TAX LAW
The Third Amending Finance Law for 2020, adopted on July 30, 2020, extended the tax credit scheme for investment in Corsica until December 31, 2023.
This mechanism, provided for in Article 244 quater E of the French General Tax Code, allows for a tax credit equal to 20% of the cost price of certain investments, subject to certain conditions.
The rate is increased to 30% for companies employing less than 11 employees and whose annual revenues or annual balance sheet total does not exceed €2 million.
It should be remembered that furnished tourism activities are no longer eligible for this scheme.
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.
- Consequences of the coronavirus pandemic (COVID-19) on the allocation of the tax credit for investment in Corsica
- The tax regime of the mixed compensatory benefit deemed unconstitutional, but not repealed (Cons. const. 31-1-2020 no. 2019-824 QPC)
- Coronavirus (Covid-19): suspension of time limits for tax litigation
- Pacte Dutreil: The Conseil d'Etat overturns the criteria set by the Administration for assessing the preponderance of a commercial activity