Decisions of the Council of State dated April 26, 2024

Conseil d'Etat Court of Cassation

April 29

Written by Paul Mispelon

On Friday, the Council of State issued several rulings concerning, in particular:

- The latest development in the Marks & Spencer case (i.e., allocation of foreign losses): Labor Court, 8th and 3rd Divisions, April 26, 2024, No. 466062, Cited in the tables

- The inability of a partner in a limited liability partnership (in this case, a lawyer) to elect to have their income subject to corporate income tax: Council of State, 8th and 3rd Chambers, April 26, 2024, No. 491673, Cited in the tables

- Eligibility requirements for the capital gains tax deduction applicable to corporate executives upon retirement and individual assessment of these requirements in the case of married couples: CE, paras. 3 and 8, Apr. 26, 2024, No. 453014, Cited in the tables

- The tax consequences of the transfer of ownership resulting from the exercise of an option under a lease agreement by a partner subject to corporate income tax in a partnership: CE, 8th and 3rd Div., Apr. 26, 2024, No. 472855, Cited in the tables

Marks & SpencerOffset of foreign lossesSELCorporate Income Tax OptionCapital gains deductionRetirementLeasingPartnershipCorporate tax auditCorporate tax auditCorporate tax reassessmentIndividual tax auditTax reassessment for individuals

Paul Mispelon

Decisions of the Council of State dated April 30, 2024

Referral to the CJEU regarding the taxation of foreign accounts