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Tax law contains all the rules controlling the imposition of the economic activity of individuals and companies.
The tax law duty is composed of various branches:
- the taxation of the people (income tax);
- the taxation of the businesses;
- the real taxation (tax of the real transactions);
- the patrimonial taxation (tax of the detention and the transmission of an inheritance;
- tax procedures (contentious relations between the tax authorities and the private individuals.
It has the aim of getting receipts for the financing of the local government agency or national expenditure (the tax, the tax, the royalty…). The French tax system comprises nearly 200 different taxes and taxes.
Various sources of public revenue
- the VAT (Tax on the added-value), it is an indirect tax proportional, calculated on the selling price net of tax of all the goods and services. The normal level of the VAT is of 19,6% but there exist reduced taxes with 5,5% on certain food products, transport, the school canteens, the books, the subscriptions of electricity and gas and renovation works and maintenance of the residences; to 2,1% on the refunded drugs and presses it.
The VAT is a tax supported by the consumers but poured by the companies in the State, deduction made of the VAT that they paid before at the time of the purchase of the product or the raw materials necessary to their production.
- IRPP (Income tax of the natural persons) is a direct tax calculated on the level of the household for tax purposes. It is progressive, i.e. its rate increases with the taxable value. It is taken by the State and relates to the wages and the whole of the incomes of the natural persons composing the hearth.
- IS (Corporation tax) is a direct tax proportional on the benefit of the companies.
- STF (Solidarity tax on fortune) is a direct tax which concerns the taxpayers according to the value of the inheritance that they have. It was created in 1989 to finance the RMI (Minimum wages of Insertion).
- TIPP (Excise tax on the oil products) is an indirect tax which relates to the various oil products (fuel, gasoline…) proportionally with their volume or their weight, the time of their putting into circulation.
- the Tax of dwelling, the real estate taxes, the professional tax and the taxes of town planning are direct taxes. They are taxes perceived with the profit of the Territorial collectivities and local public corporations.
- the CSG (generalized Social contribution) is a direct tax taken with the source on the incomes of activities, the inheritance and replacement.
- other tax contributions: tax on the cigarettes and alcohol, CRDS, transfer tax.
There exist non-tax receipts such as the revenue stamps, the dividends of the State on its participations in certain companies, the product of plays (casinos, PMU, levy on the Frenchwoman of the plays), the pecuniary fines and judgments, the gifts and legacy…
The tax is a pecuniary taking away undergone by the taxpayers, i.e. the companies and the individuals. This levy is obligatory, of the sanctions are envisaged in the event of non-payment or of delay; the tax is taken without counterpart and it is intended to cover the public expenditure. it is used to follow a policy of redistribution of the wealth.
The tax is a taking away without counterpart while the tax is n the other hand paid rendered service.
The television royalty is a tax taken near the listeners and spectators being used to finance public channels of broadcasting and television.
The various functions of the taxation are:
- financial function: the tax makes it possible at the State to have resources in order to finance the public expenditure;
- economic function: the taxation makes it possible at the State to modify the conditions of the economic life;
- social function: the taxation is an instrument of redistribution.
The role of the fiscal lawyer
The revenue duty is a particularly evolutionary matter (national and Community statutory texts, administrative doctrines, jurisprudence). The fiscal lawyer has for role to assist and of advising his customer. It must hold immediately informed the companies and the private individuals of which it took the interests in load of any new measure likely to relate to them.
In addition to the regular council that it brings to its customers, in the certain important term (decree of the annual accounts for the companies, for example declaration of I.S.F., the fiscal lawyer is brought to give consultations and to provide reports on any comprising project of the tax incidences (change in legal form, opening of the capital to external partners, fusion, assets brought in, subsidiarization, transfer, acquisition of a holding…).
The tax lawyer assists the taxpayers during controls of the administration (checking of accountancy for the companies, evaluation of the personal tax situation for the private individuals), it advises them on the action to be taken to the notified rectifications, it assists them at the time of their negotiation with the tax authorities, and in the event of contentious authority, it represents and defends the taxpayers in front of the jurisdictions of the administrative order (direct taxes and VAT) and legal (fees registration).
It also assists them at the time of the prosecutions commissioned against them by the public accountants (treasurers and receivers) and it diligent possibly of the dispute as regards covering of the impositions.
Inheritance taxes
The death taxes are a direct tax taken on the transmission of an inheritance of a natural person to another. When a person dies, its heirs must pay death taxes which are calculated on the net amount of the goods being the subject of the heritage at the time of the death.
The rights of the succession are calculated on the unit of the taxable goods minus the debts of the late one. One thus adds all the goods (car, pieces of furniture, placements, balance of the bank account…) what had the late one and one from of deduced his debts (which had taxes, loads of joint ownership, invoices of energy), as well as the debts related to the death itself (invoices of hospital, funerary expenses for an maximum amount of 1500 euros, fees of opening of the will, rents if the couple were tenant and that the spouse uses his right to remain free in housing one year after the death).
The tax declaration must be made in the 6 months.
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