The Administrative Court of Appeal has ruled in favor of the Clarins group in a dispute with the French tax authorities. The case, which concerned transfer pricing and payment deadlines between subsidiaries, could have major repercussions for international groups operating in France. Background to the case The case dates back to [...].

An adequate and well-founded functional analysis, enabling a precise assessment of the nature of the functions, risks and assets of the parties to an intra-group transaction, and their intensity in the group's value chain and activity, is and will always remain the cornerstone of any transfer pricing demonstration. From qualification [...]

The Finance Act for 2024 has enacted the tightening already observable in the field with regard to transfer pricing, by reinforcing the documentary system weighing on companies. In addition to lowering the thresholds for transfer pricing, documentation is now formally enforceable against companies. In order to make companies more accountable for the documentation they produce, and to reinforce the [...]

FACTS Following an audit of GEII Rivoli Holding's accounts for the 2013 and 2014 financial years, the tax authorities questioned the deductibility of the difference between the 5.08% rate applied and the 2.79% rate corresponding to the value mentioned in 3° of 1 [...].

Facts, Procedures, and the Decision STATEMENT OF FACTS SAS Itron France ("Taxpayer") (a manufacturer and distributor of water, electricity and gas meters) was the subject of a tax audit for the financial years 2012 and 2013, which resulted in an assessment. The tax authorities ("TA") considered that the transfer pricing applied by the group had [...]

CAA Lyon, 5ème ch. 21/12/2023; n°21LY02821; SumitomoChemicals Europe THE FACTS Following an accounting audit of Sumitomo Chemicals Europe (SCAE), the tax authorities considered that the intra-group transactions in which the company was involved did not comply with the arm's length principle. The advantages thus conceded were classically qualified as [...].

In a case brought before the Lyon CAA by our firm, the tax judge reiterated his commitment to the median of an arm's length interval for assessing an indirect profit transfer. In this case, the company's margin fell below the first quartile of an interval made up of some thirty references. It [...]

FACTS FACTS Following an audit of GEII Rivoli Holding's accounts for the 2013 and 2014 financial years, the tax authorities questioned the deductibility of the difference between the 5.08% rate applied and the 2.79% rate corresponding to the value referred to in paragraph 3 [...].

Financial interest paid by a company to its associates is subject to a confusing legal and tax system. A quick reminder for those who like to play mind games: Pursuant to Article 39-1-3 of the French General Tax Code, such interest is capped at an average rate established quarterly by the French Treasury [...].

The Finance Bill for 2024 provides for the content of transfer pricing documentation to be enforceable against taxpayers. To fully appreciate the significance of this measure, we need to put it into perspective with two other provisions. Firstly, the bill also envisages lowering the thresholds for [...].