Decisions of the Council of State dated November 29, 2023

Conseil d'Etat Court of Cassation

Nov. 30

Written by Paul Mispelon

Yesterday, the Council of State issued several tax rulings concerning, in particular:

- The application of social security contributions in the event of the withdrawal of proceeds from the sale of stock options held in a PEA: CE, 9th and 10th paragraphs, Nov. 29, 2023, No. 461258, Cited in the tables

- Exemption from capital gains tax on real estate for non-residents who were previously residents (Article 150 U, II, 2°) in the case of short-term rentals: Council of State, 9th and 10th Chambers, Nov. 29, 2023, No. 466283, Cited in the tables

- the application of the 10-year statute of limitations in cases where a foreign bank account is not reported, and the establishment of a presumption regarding the use of such accounts: CE, 9th and 10th Divisions, Nov. 29, 2023, No. 469039, Cited in the tables

- Reduction of the rental value in the case of activities of public service or general interest, even when operated on a commercial basis: Council of State, 9th and 10th Chambers, Nov. 29, 2023, No. 469920, Cited in the tables

Stock optionsBSAPEACapital gains on real estateNon-residentShort termStatute of limitationsForeign bank accountsRental valuePublic serviceTax audit on real estate capital gainsTax reassessment of real estate capital gainsIndividual tax auditCorporate tax auditTax reassessment for individuals

Paul Mispelon

Commentary on Section L.76 B of the LPF

Taxation of foregone revenue donated to a nonprofit organization?