Lapeyre, Wolters Kluwer, Xerox, … The last two years have been marked by a new type of dispute, characterized by the incursion of the civil judge in the determination of
The SFS France decision confirms the devolution of the burden of proof in transfer pricing
In order to benefit from the presumption of transfer of profits attached to article 57 of the French Tax Code (“FTC”), authorities must produce a double proof: Evidence of a
Going further than the comparability adjustments typically made in economic analyses
The practical application of several transfer pricing methods involves comparing the profit of an enterprise (or one of its activities) with the profit of independent enterprises considered as “comparable”. The
The pre-pack asset sale plan: an effective tool for taking over a distressed French business
Taking over a distressed French business in the courts is a known (1985) and specific technique that has many advantages. This is known as a transfer of assets plan (“plan
Posting of workers in the framework of the provision of services: revision of the Directive of 16 December 1996
A certain number of European countries, including France, wished to see the European Directive of 16 December 1996 on the posting of workers amended to adapt to the realities of
Interests of bonds convertible into shares and VAT prorata
The Supreme Court recalls the solution held by the CJEU in the EDM case (April 29, 2004; aff.C-77/01) according to which the annual grant by a holding company of remunerated
Permanent establishment – Intragroup supply of services
The Administrative Court of Appeal of Paris reminds that a permanent establishment may only be qualified, notwithstanding the main criteria of the head office, as the place of supply of
Exempt Intra-Community supplies and chain transactions
Further to a preliminary query, the CJEU considered that in the case of two successive sales with a single intra-Community transport carried out by the final purchaser, the second transfer
Calculation of profit-sharing challenged by the Unions: the French Supreme Court closes Pandora’s Box
The French Supreme Court (“Cour de cassation”) has just ruled on an important matter concerning statutory profit-sharing in a way which hampers attempts by staff representative bodies to challenge employers’
VAT refund claim: in which circumstances a VAT credit denied by the FTA may be carried-forward on a further return?
In 2007, a company applied for a VAT refund claim. Further to a tax audit, the FTA rejected this claim in 2008. The company did not challenge this decision and