Juillet 2020
The French Conseil d’Etat defines the shares of companies with a preponderance of real estate as real estate assets within the meaning of the Franco-Belgian tax treaty on income and capital gains tax. The Conseil d’Etatdeduces that the sale of shares of semi-transparent real estate non-trading companies with a preponderance of real estate assets in France by Belgian residents is taxable in France in accordance with Article 3 of the Franco-Belgian treaty.
To our knowledge,it is an unprecedented decision in opposition with the analysis developed by the French Cour de Cassation in the context of other gift tax treaties and succession tax treaties. This decision follows previous various disputes concerning shares in civil real estate companies in the Franco-Belgian context.
This study is only available in French.
Althémis Paris
Bertrand SAVOURÉ is a partner Civil Law notary in Paris and Vice-Chairman of the Althémis Group.
He specialises in inheritance planning, the transfer of private estates and the transfer of businesses, within a distinctly international context. He regularly covers these issues at conferences or through articles in specialised journals.
He is scientific co-director of the Revue Fiscale du Patrimoine published by LexisNexis.
He has exercised a number of activities within his profession and in particular he chaired the Interdepartmental Chamber of Notaries of Paris until September 2020.
He was also general rapporteur of the 108th congress of notaries in France on the subject of estate planning in 2012, and he is a member of the Institute of Legal Studies of the Conseil Supérieur du Notariat.
Stéphanie BOHUON
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