background image
French Constitutional Court Holds Lack of Tax Credit Carry Forward is Constitutional — Orbitax Tax News & Alerts

A 28 September 2017 decision of the French Constitutional Court (Conseil Constitutionnel) has been published, finding that the inability of taxpayers to carry forward excess tax credits is not contrary to the Constitutional principles of equality and property. The decision follows a request for a preliminary ruling from the French Council of State (Conseil d'État - Supreme Administrative Court), which earlier concluded the tax credit provisions in relation to investment income in the General Tax Code are to be interpreted as meaning a credit is available only in the year in which the income is received and without the possibility of carry forward ({News-2017-07-11/P/2-previous coverage}). With the Constitutional Court's decision, the position of the Council of State stands.