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FRANCE – PROJET DE LOI DE FINANCES 2026 : L’ASSEMBLÉE GÉNÉRALE VOTE POUR UNE RÉFORME MAJEURE DE L’EXIT TAX ET DES EXPATRIÉS FRANÇAIS

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Projet de loi de finances 2026 : l’Assemblée nationale adopte une réforme majeure de l’Exit Tax

L’examen du projet de loi de finances pour 2026 introduit un changement significatif dans le régime de l’Exit tax, avec l’adoption de l’amendement n° I-807. Cette mesure modifie en profondeur l’article 167 bis du Code général des impôts et marque un tournant pour la fiscalité internationale, en particulier pour les contribuables envisageant une expatriation et détenant des plus-values latentes importantes.

L’Exit tax : définition et objectifs

L’Exit tax est un mécanisme permettant à la France d’imposer les plus-values latentes sur les titres détenus par un contribuable qui transfère son domicile fiscal à l’étranger. Le dispositif s’applique lorsque le contribuable détient soit plus de 800 000 € d’actifs financiers, soit plus de 50 % du capital d’une société.

Son objectif est d’éviter qu’un contribuable ne s’expatrie juste avant de vendre ses titres afin de bénéficier d’une fiscalité plus favorable hors de France. Il s’agit donc d’un outil central de lutte contre l’optimisation fiscale internationale liée aux départs à l’étranger.

Le régime actuel issu de la réforme de 2019

La loi de finances pour 2019 a profondément allégé l’Exit tax. Le délai de suivi fiscal a été réduit à deux ans pour les patrimoines inférieurs à 2,57 millions d’euros et à cinq ans pour les patrimoines supérieurs. Après ce délai, si aucun événement de cession n’est intervenu, l’impôt est automatiquement annulé.

Le sursis de paiement est également largement facilité, notamment pour les contribuables qui s’installent dans un État membre de l’Union européenne ou de l’Espace économique européen. Dans les faits, l’Exit tax ne s’applique presque plus, ce qui a réduit son efficacité dissuasive.

Ce que prévoit l’amendement I-807 du PLF 2026

L’amendement adopté vise à rétablir un dispositif plus strict, proche du régime antérieur à 2019.

Première mesure : le retour au délai de suivi de quinze ans. La France pourrait à nouveau imposer les plus-values latentes durant les quinze années suivant l’expatriation.

Deuxième mesure : le renforcement du sursis de paiement. Le texte prévoit un traitement différencié selon le pays d’installation :
– sursis automatique pour l’UE/EEE ;
– sursis sans garanties pour les pays disposant d’une convention d’assistance administrative et d’une convention d’assistance au recouvrement ;
– sursis soumis à garanties financières, voire refus, dans tous les autres cas.

Troisième mesure : un encadrement accru des opérations de restructuration, notamment les apports, échanges, fusions et autres réorganisations patrimoniales susceptibles de contourner la taxation.

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FOCUS ON THE COUNCIL OF STATE'S JUDGMENT OF MARCH 20, 2023 REMINDING THE LEGAL VALUE OF BILATERAL TAX CONVENTIONS ON FRENCH DOMESTIC LAW & WHICH SHOULD REASSURANCE NON-RESIDENT FRENCH EXPATRIATES OR FUTURE EXPATRIATES

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Conseil d'Etat

When you are considered a French tax resident, you are required to report all of your income to the French tax authorities, regardless of where you earned it. Therefore, if you receive income from abroad, you are required to declare this income to the French tax authorities.

In such a case, you could potentially face double taxation. The double taxation mechanism means that the French tax resident is taxed twice. Income could therefore be taxed in two countries at the same time. This situation arises when the individual or a company is located in two separate countries that have not concluded a tax treaty with each other.

In this case, an agreement between the government of the French Republic and the government of the United Arab Emirates (" WATER "), with a view to avoiding double taxation, was signed on July 19, 1989 and amended by an amendment dated December 6, 1993 (the " France-Emirates Tax Convention ").

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HOW TO IMMIGRATE TO CANADA AS A WORKER?

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  THE Canada is one of the most sought-after countries for immigration, for several reasons: high-quality education, universal healthcare, employment opportunities, cultural and religious diversity, etc. 

As a worker and depending on your current situation, you have different options for immigrating to Canada.[1].
So, in this article, we will go back point by point over the different opportunities available to you as a worker.[2].

We will first examine federal immigration programs, namely Express Entry, the program for self-employed workers, and the business start-up visa program. These programs will allow you to immigrate to all provinces except Quebec. (I).

Then, we will discuss the programs created for young people, namely the Working Holiday Permit and the Young Professionals permit, which allow immigration more easily than other programs, from anywhere in Canada, including Quebec (II).

Finally, the programs specific to the province of Quebec will be addressed, namely the Quebec program for permanent workers, for temporary workers and for business people (III).

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SARL – SCI – LMNP

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When you become the owner of a property in France, especially when you are not a tax resident in France, you sooner or later ask yourself the question of the taxation of this property and of inheritance. This raises the question of choosing the appropriate structure to manage the rental of a property as a family, and several options are available depending on the inheritance/tax angle you wish to prioritize.

The choice for one option rather than another will be made in particular according to the objective pursued.

What are the objects and conditions specific to the structures that can be considered?

There Non-professional furnished rental (LMNP) as for it, allows you to receive additional income from real estate while having a non-professional status.

The accommodation concerned by the rental must be furnished and the income generated cannot exceed 23,000 euros per year, nor represent more than 50% of the total income (unless non-resident) to retain LMNP status.

There Family LLC allows you to make profits while benefiting from reduced taxation. This structure is particularly recommended if the financial risk is high since the liability of the partners is limited to the amount of their contribution (in fact, the family SARL is above all an SARL).

In addition to meeting the conditions for setting up a traditional SARL, it must be made up of partners with a direct or collateral family relationship up to the second degree or through marriage.

Finally, the Family SCI is recommended with the aim of preserving and transmitting heritage from generation to generation.

The company must necessarily have a real estate activity as its corporate purpose (as for classic SCIs) and must be made up of members of the same family up to the fourth degree.

Let's look point by point at the conditions, advantages and disadvantages of these different structures which at first glance are similar but which in reality have many differences.

What are the main advantages of these structures?

– FROM A TAX POINT OF VIEW

SARL SCI LMNP

Choice of taxation method

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WHAT ARE THE CONSEQUENCES OF INTRODUCING A CORPORATE TAX IN THE UNITED ARAB EMIRATES?

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By introducing a corporate tax, the United Arab Emirates (UAE) wanted in particular to reaffirm its commitment to respecting international standards in terms of tax transparency and the prevention of harmful tax practices.

Impôt entreprise

This corporate tax, which came into effect on June 1, 2023, is governed by the Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses (https://mof.gov.ae/wp-content/uploads/2022/12/Federal-Decree-Law-No.-47-of-2022-EN.pdf).

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FOCUS ON THE TAX TREATY BETWEEN FRANCE & THE EMIRATES – ITS IMPACT ON INDIVIDUAL UAE RESIDENTS

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The taxation agreement between the French government and the Government of the United Arab Emirates was signed on July 19, 1989 and was amended in 1993 to include today also a multilateral treaty to prevent base erosion since the entry into force on January 1, 2019 (the “Convention”).

  

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FOCUS ON THE TAX CONVENTION BETWEEN FRANCE AND THE EMIRATES – ITS IMPACTS FOR INDIVIDUALS RESIDENT IN THE UAE

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The tax treaty for the avoidance of double taxation between the French government and the government of the United Arab Emirates was signed on July 19, 1989 and was amended in 1993 to now also include a multilateral convention to prevent base erosion and profit shifting since the entry into force 1er January 2019 (the " Convention "). 

The objectives of this Convention are multiple. 

First, both countries wish to promote their economic relations and cooperation in tax matters. 

Furthermore, they wish to eliminate double taxation with respect to certain taxes expressly covered by the Convention[1].

However, the Convention has provided a safeguard: the scheme or strategies put in place by taxpayers, whether individuals or legal entities, must not have the sole and exclusive aim of obtaining tax relief provided for by the Convention.

The French and Emirati taxes covered by the Convention are limited to[2] :

– income tax including in the case of real estate sales;

– tax on companies registered in France or the UAE;

– the solidarity tax on real estate assets; and

– inheritance tax.

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FOCUS ON THE TAX CONVENTION BETWEEN FRANCE AND CANADA & ITS IMPACTS FOR FRENCH INDIVIDUALS RESIDING IN CANADA

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The tax convention for the avoidance of double taxation and the prevention of tax evasion with respect to income taxes between the French government and the Canadian government was signed on May 2, 1975 and was amended in 1987, 1995 and 2010 (the " Convention ”) [1]. 

The objectives of this Convention are multiple. First, the two countries wish to promote their economic relations and cooperation in tax matters. Furthermore, they wish to eliminate double taxation with respect to certain taxes expressly covered by the Convention.

However, the Convention has provided a safeguard: the scheme or strategies put in place by taxpayers, whether individuals or legal entities, must not have the sole and exclusive aim of obtaining tax relief provided for by the Convention.

The French and Canadian taxes covered by the Convention are limited to:

  • income tax including in the case of real estate sales;
  • tax on companies registered in France or Canada; and
  • tax on gift tax (only for France).

This article will help you better understand the tax implications of your income between the two countries if you are an individual. If you are a business, we have also written an article to guide you. 

 

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HOW TO BECOME A STUDENT IN CANADA?

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Canada is one of the most sought-after countries for immigration, for several reasons: universal healthcare, employment opportunities, cultural and religious diversity.

Furthermore, Canada is internationally recognized for its high-quality education system, and the country welcomes many international students every year. However, to study in Canada, it is essential to obtain a study permit. This article therefore aims to provide an overview of the step-by-step procedure for obtaining a study permit in Canada and becoming a student in Canada, taking into account the specifics regarding Quebec and briefly explaining how the Canadian education system works.

Etudiant Canada

We will first briefly present the Canadian study system in order to have a better understanding of the different procedures (I).

Next, we will discuss the procedure to follow regarding the study permit at the federal level outside Quebec (II).

Finally, we will explain the specific procedures to follow to obtain a study permit in the province of Quebec (III).

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CRYPTOCURRENCY AND TAXATION – A COMPARATIVE STUDY OF FRANCE, UNITED ARAB EMIRATES & CANADA

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Cryptocurrencies appeared in the digital world around ten years ago and are now experiencing significant growth and democratization. 

A virtual means of payment that can be used primarily on the Internet, using cryptography to secure transactions and the creation of units, and escaping any control by regulators and central banks, there are now more than 4,000 cryptocurrencies in circulation. 

However, their legal framework is sometimes confusing and difficult to understand. This article will therefore aim to study the legislative framework for cryptocurrencies in France, Canada, and the United Arab Emirates, as well as their tax regime. We will then examine, in a non-exhaustive manner, Initial Coin Offerings, a new fundraising phenomenon based on cryptocurrencies. 

What exactly are cryptos? 

A cryptocurrency is a virtual means of payment that relies on cryptography to secure transactions and the creation of units, and is outside the control of regulators and central banks. Cryptocurrencies are therefore based on a computer protocol for encrypted and decentralized transactions, called blockchain. 

The best known is bitcoin, which is a virtual unit of account stored electronically. However, there are now more than 4000 cryptocurrencies in circulation in the world, the best known outside of bitcoin being for example Ethereum, Ripple or even EOS, XRP, Tether, Cardan, Stellar, Chainlink, Uniswap, Polkado or even USD Coin.

Cryptocurrencies are part of the broader framework of crypoactives, which represent " virtual assets stored on an electronic medium allowing a community of users accepting them as payment to carry out transactions without having to resort to legal currency ". 

The issue and circulation of digital cryptoassets is notably linked to Initial Coin Offerings (“ICO”)Unlike an IPO, the ICO is financed on digital media known as tokens (tokens). The ICO thus represents a fundraising operation operating via the issuance of digital assets exchangeable for cryptocurrencies during the start-up phase of a start-up or business project. 

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