Can an aircraft wing fin be used as collateral to request a payment deferral in the event of a tax reassessment?

In the event of a tax reassessment, the taxpayer may request, after receiving thetax bill, a deferral of payment in accordance with Article L.277 of the Code of Tax Procedures (for more details, see the dedicated page on the firm’s website).

Following the request, which must be submitted at the same time as the filing of a tax dispute claim,administration requires the taxpayer to provide security in order to fully benefit from this deferral.

An aerospace company was subject to a tax audit that resulted in a potential tax assessment. In order to challenge this assessment without having to pay it, the company filed a request for a stay of payment. It then offered, as collateral, “a pledge of tangible personal property, namely an aircraft winglet intended for Boeing B737 NG-type aircraft.” The company estimated that the winglet had a value of 330,000 euros on the used market.

However, the accountant rejected the valuation, believing that the figure was significantly overestimated.

The Administrative Court of Appeal then noted that the company had purchased the fin in 2010 for €10,000 even though it was unusable. It emphasized that while the company claims to have carried out repairs since then, it has not provided proof of this by submitting a repair estimate. Finally, the Court noted that this fin, manufactured in 2008,“features technology that is now obsolete.”

The Court thus confirmed that it was not a sufficient guarantee.

CAA Nantes, July 1, 2025, No. 24NT03215

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