Brussels, 24/09/2015 (Agence Europe) - On Thursday 24 September, the European Commission announced its decision to send a reasoned opinion to France, calling on it to apply the same procedural rules when it reimburses overpaid tax at source on dividends to non-residents. Under the current tax provisions, non-resident taxpayers investing in companies located in France must provide proof of the payment made by the French paying agency of this tax on dividends deducted at source when requesting reimbursement of the overpayment.
In the event of a claim, non-residents have less time to submit their request, as their procedure runs from the moment the tax is deducted at source from the distribution of dividends, whilst for taxpayers resident in France, the procedure starts from receipt of the tax notice. The Commission feels that these provisions give rise to disproportionate procedures running counter to the principles of equivalence and effectiveness on which the Court of Justice of the EU bases its case-law on overpayments. According to the Court, the procedural provisions of the member state should not make it impossible or excessively difficult to receive repayments of taxes collected counter to European law. France now has two months to respond, or the matter may be brought before the Court. (Original version in French by Élodie Lamer)