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Legal news

Declarative obligations regarding Bitcoin and other digital assets are specified

Posted on : August 9, 2019

In accordance with decree 2019-656 of 06/27/2019   Since January 1st, 2019, a flat-rate tax has been imposed on capital gains realized by private individuals during the occasional sale of digital assets, particularly cryptocurrencies (Law 2018-1317 of 28-12-2018, art 41).   The decree of June 27th, 2019 clarifies the declarative obligations incumbent, on the one […]

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Clarification of the calculation of the withholding tax of foreign companies

Posted on : August 9, 2019

In accordance with the provisions of Article 115 of the General Tax Code of France, (hereinafter CGI), profits made in France by foreign companies through a permanent establishment are presumed to be distributed to partners who do not have a tax domicile or registered office in France, and therefore are subject to the withholding tax […]

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Current accounts of associates – maximum deductible interest rate

Posted on : August 9, 2019

For the second quarter of 2019 the average effective rate applied by credit institutions for variable rate loans to companies with an initial maturity of more than two years, amounts to 1.36%.   Interest paid to shareholders or associates of the partnership because of the sums they make available to the company in addition to […]

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The inclusion of capital gains in the amount of turnover depends on the business model of the company

Posted on : August 9, 2019

In order to determine whether capital gains from disposals of fixed assets should be included in turnover, it is necessary to determine whether such disposals fit into the business model of the company.   Corporate taxpayers with a turnover of more than 250 million euros were taxed with an exceptional contribution equal to a fraction […]

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Tax integration and losses of European subsidiaries : the “Mark and Spencer” jurisprudence revisited

Posted on : August 9, 2019

The Court of Justice of the European Union (CJEU) considers that the losses of a non-resident subsidiary that have become definitive may be transferred within the tax integration of the integral parent company. For this reason, it is up to the latter to demonstrate that it is impossible for it to value these losses by […]

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COMMERCIAL RENT – WHO SHOULD PAY TAXES?

Posted on : June 14, 2019

Regulation of commercial leases provides that property tax, as well as fees and charges associated with the use of the premises (or the building in which such premises are located) or with the service used by the merchant, can be levied from him. That is the case, for example, of the tax on garbage collection. […]

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