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TAX MAG: VAT news in Europe

Keep up with the latest Intra-Community and European VAT news, decoded by our experts.

Focus: France
Check the INTRASTAT / EMEBI (DEB) thresholds in the various European Union (EU) countries in 2026.

France : reverse charge on construction services : proof of subcontractor status required

Bordeaux Administrative Court of Appeal judgment, 19 May 2026, no. 25BX00295 The court confirmed that VAT reverse charge applicable to building works carried out as a subcontractor (French Tax Code article 283, 2 nonies) requires demonstrating genuine subcontractor status. A construction company had applied the reverse charge mechanism to services provided as part of building...
24 July 2026

France : VAT and furnished holiday lettings, assessing hotel-type characteristics

Bordeaux Administrative Court of Appeal Judgement, 21 May 2026, no 24BX01030 This judgment clarifies the criteria for determining whether furnished holiday lettings fall under VAT exemption or must be taxed due to their hotel-like characteristics. In this case, a French property management company was letting furnished apartments in a ski resort and had claimed VAT...
Country Briefs
23 July 2026

France : Missing invoices are not enough to deny VAT deduction rights

Marseille Administrative Court of Appeal Judgement, 7 May 2026, no 24MA03071 In this case, the court confirmed that missing invoices alone are not sufficient to challenge VAT deduction rights when the taxable person demonstrates that the substantive conditions for that right are met. In this instance, the Tax Authority had refused VAT deduction on the...
Country Briefs
23 July 2026
What European e-sellers need to know, post-Brexit, about the VAT implications of their dropshipping operations from the UK to the EU.

France : recodification into the CIBS postponed to 1 January 2027

The transfer of VAT provisions from the French Tax Code (CGI) into the new Code on Taxation of Goods and Services (CIBS) has been pushed back. Book II of the CIBS, originally due to come into force on 1 September 2026, is now expected to take effect on 1 January 2027, giving administrations, businesses and...
Country Briefs
11 June 2026

France : transporting biological samples can be VAT-exempt where it supports an exempt medical service CAA Versailles, 9 April 2026, No. 24VE00848, SELFA CERBA

A French appeals court has ruled that transporting biological samples can be VAT-exempt, provided the transport is genuinely tied to an exempt medical analysis service. The case involved a medical laboratory carrying out analyses for clients based in North Africa. Local providers collected, preserved and shipped the samples to France for testing. The French Tax...
11 June 2026

France: VAT and advertising expenditure – deduction rights extended to goods distributed free of charge

The French Finance Act for 2026 introduces a significant change with the creation of Article 273 septies E of the French Tax Code. Until now, the free distribution of goods in a promotional context was considered to preclude VAT deduction, regardless of the underlying business purpose. This restrictive approach was rooted in the civil law...
Country Briefs
19 May 2026

France: VAT and trade cooperation agreements – the Conseil d’État clarifies the treatment of rebates and service fees Ruling of 10 April 2026, n° 497524

In this ruling, the Conseil d’État clarified the VAT treatment of payments made under trade cooperation arrangements, reaffirming the distinction between price reductions and remuneration for services. The dispute concerned amounts paid by suppliers to distributors under trade cooperation agreements covering product placement, in-store promotions and marketing activities. These payments had been presented as commercial...
19 May 2026
What is the best VAT/Customs treatment scheme for your e-commerce sales to the UK, with or without warehousing? Check out our scenarios and feedback.

France : VAT reverse charge in the construction sector – the Conseil d’État draws the line on subcontracting

Ruling of 24 February 2026, n° 497507   The Conseil d’État ruled on the scope of the VAT reverse charge mechanism applicable to subcontracting in the construction sector under Article 283, 2 nonies of the French Tax Code. The mechanism applies where services are directly linked to a construction, renovation, transformation or demolition project. The...
19 May 2026

France : Customs representation and import VAT – the Court of Cassation sets a high bar for mandates Ruling of 11 February 2026 (No. 70 F-B — Case No. Z 24-18.748)

In this ruling, the Court of Cassation clarified the liability of a logistics provider for import VAT where customs formalities are carried out by an intermediary. A company had instructed a logistics provider to handle its customs clearance under a so-called “express” mandate. Following irregularities in the import declarations, French Customs held the provider liable...
Country Briefs
19 May 2026