The legal terms of the new property wealth tax, set out in the current finance bill (PLF), raise a number of questions in terms of the Constitution. With the help of Sandrine QUILICI (Pictet & Cie), Mathieu LE TACON anticipates the difficulties presented by this new tax mechanism.
In its December 2017 issue, Les Nouvelles Fiscales publishes the point of view of Mathieu LE TACON, a partner in the "Tax Law" department, with regard to the possible unconstitutionality of the IFI. In particular, Mathieu LE TACON ponders the constitutionality of article 12 of the PLF, which states that the IFI "is established for budgetary purposes, so as to create a specific contribution to public expenses weighing on the real estate assets of taxpayers with the greatest real estate assets”. Faced with a possible case of an unconstitutional divergence in terms of equality between owners of real estate assets and owners of financial assets, Mathieu LE TACON anticipates a probable partial withdrawal of certain specific measures in the IFI project when it goes before the Constitutional Council.
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