3% Surtax on dividends: Preserve your rights to restitution

With the decision of the Constitutional Court of September 30, 2016, the conclusion of the Advocate General Kokott on the Belgium Fairness Tax last week and the Financial law presented by the Government actually under discussion before the Parliament in order to extend the 3% tax exemption, the opportunities to claim back the 3% tax paid over the past years are strengthening.

Two situations should entailed a fast reimbursement:

  • As 2017 for the distributing companies held as more than 95% by a company established in France or outside France who didn’t make an election for the tax consolidated group regime but were eligible to do so;
  • As 2018/2019 for the companies who distributed dividends received from subsidiaries held as more than 10% and established in the European Union (attended decision of the European Court of Justice – EUCJ).

Furthermore, by 2020, a new action towards the Constitutional Court after the decision of the EUCJ, could have a positive outcome for companies who distributed dividends received from subsidiaries established in France or outside the EU.

In any event, it is urgent to save your cash by filing claims before the French Tax Administration to preserve your rights to restitution as the tax paid in 2014 will be statute barred in December 31, 2016.

Filing these claims require experts support to be admissible.

As a matter of facts, a specific documentation has to be provided with the claims in order not to be denied the right to reimbursement of the 3% Tax in a few years after a positive decision of the Courts.

Michel Guichard

Michel Guichard, as a Partner, was responsible for the Indirect Tax (VAT Customs) practice and then for the Tax Litigation practice dedicated to assisting clients in national and EU litigation. […]