Tax Treaties and Beneficial Ownership: The Sté Planet Decision (Conseil d’Etat, 20 May 2022, Case No. 444451)

Journal
Author
Gutmann, D.; Austry, S.
Country
France
Published Date
Issue
European Taxation 2022 (Volume 62), No. 11
FormatPDF
EUR
45
| USD
50 (VAT excl.)

In this note, the authors analyse the Conseil d’Etat’s decision in Sté Planet (Case no. 444451), wherein the Court held that when income from a French source is paid to a person who is not the beneficial owner, the applicable tax treaty is the one between France and the beneficial owner’s state of residence for tax purposes, even if this state is not the one in which the direct recipient of the sums paid is resident.