Dividend tax: a dozen large companies will file a complaint against the State
A complaint against the State for “misdemeanor” after the cancellation of the tax on dividends must be filed Friday on behalf of a dozen companies in the west of France, we learned Thursday with their lawyer.
“A first complaint must be filed tomorrow before the tribunal de grande instance (TGI) of Nanterre for a dozen companies”, told AFP the lawyer from Angevin Marc Rouxel, who represents a total of thirty companies of the ‘West of France.
“Other complaints for the offense of” concussion “(that is to say an” illicit collection by a public official of sums he knows not to be due “) will follow next week before the TGI of Rennes and Nantes “, added Me Rouxel.
“We waited to have some positive signs from the Ministry (of the Economy and Finance, editor’s note) before filing these complaints, either a first settlement, or a promise of settlement, quick, urgent,” he explained .
“The state knew”
The government presents this Thursday in the Council of Ministers its proposal to overtax the 300 largest French companies in order to partially compensate the 10 billion euros that it must repay after the cancellation of the 3% tax on dividends, introduced in 2012 under the presidency of François Hollande.
This tax, based on an additional contribution to corporation tax in respect of dividends paid to shareholders, was invalidated on October 6 by the Constitutional Council, which ruled that it induced a “breach of equality” before the ‘tax.
For Me Rouxel, “the State knew that this contribution was illegal, at least since June 2016”, after a referral to the Council of State by several companies. Doubts about the legality of this tax had multiplied from 2015.
The Minister of the Economy, Bruno Le Maire, seized the General Inspectorate of Finance (IGF) to establish the responsibilities in this affair which turned to the political settling of accounts between the government and the former majority. He awaits the results of the investigation on November 10.