Decisions of the Council of State dated June 11, 2024

Yesterday, the Council of State issued several rulings on corporate income tax, VAT, income tax, and local taxes, concerning in particular:

- Classification as an equity interest and classification as a disposition in the case of a TUP within the meaning of Article 39(2-bis):CE, 9th and 10th Ch., June 11, 2024, No. 470721, Cited in the tables

-administration cannot, for VAT purposes, offset claims between joint debtors to treat amounts as having been received if the taxpayer or their reciprocal joint debtor has not requested such an offset:Council of State, 9th and 10th Chambers, June 11, 2024, No. 466953, Cited in the tables

- The inability of a company executive to deduct from taxable income the expenses incurred to repay a loan used to make a contribution to the company’s operating account:CE, 9th and 10th Chambers, June 11, 2024, No. 471998, Cited in the tables

- the municipal tax on the sale of land that has become buildable, which is a direct tax and for which the statute of limitations therefore expires at the end of the year following the year for which the tax is due: CE, paras. 9 and 10, June 11, 2024, No. 469216, Cited in the tables