#COVID19 – Committed at Arsene %
At Arsene % we will preserve the safety, health and well-being of our associates, employees and business partners by generalizing remote working and bolstering the current sanitary measures within our workplace. At Arsene % we will maintain our level and scope of activity while upholding an unwavering standard of quality in the services we prodvide […]
Simplified mergers between sister companies: details of their accounting and tax procedures to be provided before the end of the year
Since 19 July 2019, mergers between sister companies wholly owned by the same entity have to be carried out without any exchange of shares by the common shareholder (Law no. 2019-744 of 19 July 2019 on the simplification of company law codified in Article L.236-3 of the French Commercial Code). The associated rules on the […]
Participating interests: it’s the intention that matters
In a judgment of 29 May 2019 (CE 3rd-8th ch. 29 May 2019, No. 411209, Montisambert), the French Council of State (“Conseil d’Etat”) confirmed that securities may qualify as participating interests, resulting in the near-total exemption from corporate tax of the capital gain accruing on their disposal, to the extent that the acquiring company intended, […]
Guidance on the anti-abuse rules is becoming… slightly clearer!
Transposing Article 6 of the ATAD Directive, Article 205 A of the French General Tax Code provides for a new general anti-abuse rule for corporation tax, under which no account is taken, while assessing the amount of a corporation tax liability, of the tax consequences of an arrangement or a series of arrangements: the main […]
Use of bond benchmarking to justify intra-group interest rate regarding arm’s length principle
In an opinion handed down on 10 July 2019, the Conseil d’Etat helpfully clarified that interest rates used on intra-group loans may be justified through the of bond benchmarking, where no evidence of loans granted by financial institutions was available. Background: If a taxpayer wishes to apply a higher interest rate than the reference rate […]
A new trust-based relationship between companies and tax authorities: strong initiatives
On Thursday 14 March 2019, the Minister of the Budget revealed a set of immediately effective initiatives that may radically overhaul relationships between companies and the tax authorities. Time will tell whether the revolution will indeed take place, but the introduction of several initiatives should cause companies to take stock and determine which initiatives they […]