The French tax authorities use the abuse-of-law theory as an obstacle to oppose tax avoidance schemes when the latter are deemed excessive. In order to apply this theory, the French tax authorities must have evidence of either the fictitious nature of the transaction (interposition of persons, fictive or disguised deed) or an exclusive tax-driven purpose. The French Administrative Supreme Court (Conseil d'Etat, January 17 1994, Chollet) or the French Civil Supreme Court (Cass. Com., December 10 1996, Sté RMC France) interpret this notion in a restrictive way. In particular, restructurings, the effects of which generally go beyond the strict field of tax, are unlikely to fall within the scope of the abuse-of-law theory.
May 31 2004