The Resource Re Artémis SA : No 363556

Re Artémis SA : No 363556

Re Artémis SA : No 363556
Re Artémis SA : No 363556
  • engfre
  • eng
Judgment by the Conseil d'État of France, judgment date 24 November 2014. Artémis SA held 98.2% of the units of the general partnership Artémis America, registered in the State of Delaware. Under US law, Artémis was a fiscally transparent entity; its profits were taxed in the hands of its partners. Artémis America held more than 10% of the capital of a capital company, Roland, incorporated under US law. Under arts 145 and 216 of the French General Tax Code, a corporation could elect to receive dividends from certain shareholdings in other companies untaxed. Under French law a 'societe de personnes' was a semi-transparent entity; its profits were taxed in the hands of the partners in proportion to the share of its capital that they held. Artémis SA deducted from its tax result for the tax year 2002 the percentage of dividends distributed to it by Roland. After an audit, the tax administration disallowed the deduction. The Administrative Court and the Administrative Appeal Court dismissed appeals by Artémis SA and the taxpayer appealed to the Conseil d'État. This case deals, among other things, with the questions whether and when foreign non-tax law should apply and how an American partnership should be characterised in French law
Citation source
In: International tax law reports. - London. - Vol. 17 (2015),
Language note
  • English
  • French
Baker, P
  • case law
  • tax treaty
  • partnership
  • transparency
  • entity classification
  • conflict of law
  • dividend
  • deductions

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      52.3736660 4.9336932
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