Deloitte Société d'Avocats

French VAT Group: the modalities and conditions of the future regime unveiled

The 2021 Draft French Finance Bill released on 28 September 2020 introduces VAT Grouping provisions as well as a modification of the scope of the cost sharing exemption provided for by Article 261 B of the French Tax Code.

A single taxable person:

Article 45 of the 2021 Draft French Finance Bill envisages the transposition in France of Article 11 of the VAT Directive, according to which each Member State may regard as a single taxable person any persons established in the territory of that Member State who, while legally independent, are closely bound to one another by financial, economic and organizational links.

Modalities and conditions of the French VAT group:

The setting-up of a VAT Group will be available to entities established in France, without distinction according to their field of activity. The VAT Group regime will be structured as follows:

The new regime would be applicable as from 1st January 2022 and the first French VAT groups could be created and operating as from 1st January 2023 (i.e. with an election before 31 October 2022).

The implementation of the French VAT group regime will be accompanied by amendments to some Articles of the French tax procedures book, with the objective to adapt the current French Tax authorities audit methods to take into account the introduction of VAT Grouping.

Consequences of the VAT grouping regime on the French salary tax:

The reform should also have an impact on the French salary tax. Indeed, VAT grouping regime may lead to an increase of the French salary tax to be paid by employers who are members of a VAT Group and who provide services to group members that would have been VATable in the absence of a VAT group. Actually, the flows within the VAT group may in principle be considered as outside the scope of VAT for the purposes of the calculation of the French salary tax ratio.

Modification of the scope of the cost sharing exemption:

Finally, the scope of the cost sharing exemption (Article 261 B of the French Tax Code) will be modified as from 1st January 2023. As from this date, the cost sharing exemption will only be applicable to transactions carried out in the field of health and education, as well as services supplied by non-profit organizations.