September 21, 2018 CarolineAUPOIX 0 Comments

The first half of September gave rise to many questions about the choice to be made when implementing the withholding tax (household rate, individualised rate, how they were calculated? what is the neutral rate? consequences of the different options?...)

But it may not be time to put away your tax notices yet.

Indeed, taxpayers who realized significant capital gains in 2017 may have an interest in filing a claim to obtain a rebate on part of the CSG liquidated on them.

The 2018 Social Security Financing Act, published in the Official Gazette of 31 December 2017, increased the CSG by 1.7 points, raising social security contributions on income from assets from 15.5% to 17.2%.

This increase applies to income received in 2017 and subject to social security contributions in 2018 (land income, dividends, interest, capital gains, etc.).

While the "retroactive" application of the previous increases in social security contributions had been validated by the Constitutional Council, the latter indicated in particular that the taxable event for income tax was set on the last day of the year, i.e. after the publication in the Official Journal of the amending finance laws for 2011 and 2012 providing for them.

However, the current context is significantly different with regard to capital gains.

Since then, the Conseil d'Etat has indeed had the opportunity to specify on several occasions that the event giving rise to a capital gain is the date on which the transfer took place, and not 31 December of the year, the date of the event giving rise to income tax (for example EC 9th - 10th ch. 10-2-2017 n°38622 ; EC 8th ch. 25-10-2017 n°392663 ; EC 8th ch. 26-1-2018 n°408219)

A challenge to the increase in CSG applied to capital gains* realized in 2017 can therefore be considered.

If the complaint therefore concerns 1.7 points of CSG, it should be recalled that the amount of capital gains on the sale of securities subject to CSG corresponds to their total amount, after deduction of any capital losses, but before application of the various deductions (for holding period, retirement). These deductions only reduce the base subject to income tax.

Finally, we note that a number of taxpayers have not yet had access to their tax notices, which are still not online. The complaint will be possible as soon as we receive your notice.

*capital gains on the sale of securities and/or professional capital gains

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