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Corporations - Mergers & Acquisitions - Restructuring

Altexis is an independent law firm specialized in tax advice to French and foreign companies in diverse industries and services sectors. Altexis also advises selected individuals with respect of estate management, cross border personal income tax issues, French wealth tax and French driven individual’s tax audits.

Corporations                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         - Mergers & Acquisitions                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               - Restructuring
RESTRUCTURING

This chapter is not exhaustive and is limited to broadly outline the tax consequences of the main events occurring when doing business in France. It does not constitute a tax advice or a client - attorney relationship. Materials are not suitable for tax analysis. Visitors are invited to consult a tax lawyer before taking any decision.  
 

 Dissolution is a discontinuance of business (Death of the business owner or a key manager, bankruptcy, liquidation of the company, shut down of the activity, retirement, etc.) From a tax stand point dissolution carries many tax consequences:

- Immediate taxation of all the profits not taxed yet;
- Losses carried forward are lost (corporate income tax) or immediately deductible from the income of the owner (Look through entities).
- Immediate taxation of capital gains on which taxation has been deferred.
- Immediate taxation of untaxed reserves.
- Payment of dissolution duties according to the applicable rate "Facts and figures".
- Immediate taxation of the shareholders on the liquidation bonus.
- VAT on receivables must be paid immediately even if the payment is made later.
- All VAT tax credit, if any, are immediately reimbursed by the tax collector.

As of January 1st, 2005 the transfer of the head/registered office to an other EU member country no longer trigger the consequences of a dissolution e.g. immediate payment of the capital gain tax on the hidden gains (Altexis considers that prior taxation because of such a transfer can be successfully challenged). 
 


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