Decisions of the Council of State dated November 8, 2024
Last Friday, the Council of State issued several tax rulings concerning:
- The conclusion of the Vélizy Rose case concerning the application of the withholding tax exemption under Article 119 ter and the beneficial owner requirement: Council of State, 9th and 10th Chambers, Nov. 8, 2024, No. 471147, Cited in the tables
- the classification of deemed distributed income when credited to a shareholder’s current account. The Council of State then specifies that "the entry of a sum in the accounts of a parent company, debited from the current account opened in the name of its subsidiary, must in principle—when it gives rise, reciprocally, in the accounts of that subsidiary, to the entry of the same sum credited to the shareholder’s current account opened in the name of the parent company—be regarded as reflecting, unless proven otherwise, the granting by the parent company to its subsidiary of an advance and not a gift": Council of State, 9th and 10th Chambers, Nov. 8, 2024, No. 470887, Cited in the tables
- the inability to benefit from the tax reductions or credits provided for in Articles 44 septies, 44 octies, 44 octies A, 44 decies, 44 terdecies, 44 quaterdecies, 44 quindecies, 208 quater A, and 208 sexies when, "for a given year or fiscal year [...] the taxpayer failed to file, within the prescribed time limits, one or more of the revenue returns required for that period, even though he had already, during the year or fiscal year in question, failed to file, within the prescribed time limits, one or more of those returns": CE, 9th and 10th Ch., Nov. 8, 2024, No. 473430, Cited in the tables
- The application of the special time limit for filing a claim under Article R*196-3 of the General Tax Code in cases involving the correction of errors or omissions in the business property tax and the adjustment of the tax due in the tax rolls of a municipality that is a member of a public intermunicipal cooperation body subject to the single business tax regime: Council of State, 9th and 10th Chambers, Nov. 8, 2024, No. 475302, Cited in the tables