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Dublin: 10 °C Wednesday 22 May, 2013

French court rejects 75 per cent tax rate for millionaires

The move is a blow for French president Francois Hollande who had made the planned 75 per cent tax rate his centrepiece tax measure.

Gerard Depardieu. Not a fan of high tax rates.
Gerard Depardieu. Not a fan of high tax rates.
Image: AP Photo/Gero Breloer

FRANCE’S TOP CONSTITUTIONAL body has struck down a 75 per cent upper income tax rate, dealing a major blow to Socialist President Francois Hollande, who had made it his centrepiece tax measure.

The government vowed to push ahead with the tax rate, which would apply to incomes over €1 million a year, and propose a new measure that would conform with the constitution.

The tax rate had angered business leaders and prompted some wealthy French citizens to seek tax exile abroad, including actor Gerard Depardieu who recently took up residency in Belgium.

The Constitutional Council said in its ruling that the temporary two-year tax rate, due to take effect next year, was unconstitutional because unlike other forms of income tax it applied to individuals instead of whole households.

As a result, the council said, the tax rate “failed to recognise equality before public burdens”.

Though largely symbolic – it would have applied to only about 1,500 individuals – the Socialists said the tax rate was aimed at making the ultra-rich contribute more to tackling France’s budget deficit.

It was a flagship promise of the election campaign that saw Hollande defeat right-winger Nicolas Sarkozy in May.

“The government will propose a new system that conforms with the principles laid down by the decision of the Constitutional Council. It will be presented in the framework of the next Finance Act,” Prime Minister Jean-Marc Ayrault said in a statement after the ruling.

The Constitutional Council also rejected new methods for calculating a separate wealth tax, striking down a provision that would have increased the amount of taxable revenues and capital gains.

Other new measures in the budget were approved, however, including an increase in some upper tax rates to 45 per cent and the addition of capital gains to taxable income.

Finance Minister Pierre Moscovici told AFP the ruling “does not compromise” budget efforts and said the council had approved “the essential” of the government’s economic policies.

Criticisms

But government critics hailed the ruling as proof the Socialists are pursuing unfair tax policies.

“While the whole world watched us in dismay, Francois Hollande deceived the French into believing that ‘taxing the rich’ would be enough to solve our country’s problems,” said the head of the right-wing opposition UMP, Jean-Francois Cope.

“In reality, discouraging entrepreneurs and punishing the most wealthy until they leave our country inevitably puts the tax burden on the middle class. This moral error was sanctioned today.”

France is struggling to plug a €37 billion  in its public finances to meet its target of reducing the budget deficit to the EU ceiling of three percent in 2013.

The 2013 budget included €12.5 billion  in spending cuts and €20 billion in new taxes on individuals and businesses.

Critics have said the new tax measures will stifle economic growth, with the French economy already expected to contract by 0.2 per cent in the final quarter of this year.

The 2013 budget is based on a government forecast of 0.8 percent economic growth next year — a figure many economists consider too optimistic.

Hollande has seen his popularity plummet in recent months as the economy stagnates and unemployment mounts.

Read: Worst of the euro crisis is ‘behind us’, says German finance minister >

Read: How do Irish companies legally avoid paying billions in corporate tax? >

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Comments (67 Comments)

  • I can see him getting a US Greencard

    Reply
    • Gerard has already moved to Belgium where taxes for the rich are generously low, he purchased a sweet little mansion there, good luck to the man, no point working very hard for nothing.

      Reply
    • People work much much harder than this actor, for much much less money. Unfortunately for them they don’t have the opportunity to just relocate to a fancy mansion in another country.

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    • Shane I suggest you write a strongly worded letter to your public representatives to demand measures against this outrageous injustice.
      Everyone should be entitled to a fancy mansion in a foreign country no matter what their financial circumstance..

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    • Shane
      You are totally correct……so you now see the folly of the Socialist Government introducing penal tax rates for the successful ……they take their business elsewhere and you pay more!

      Reply
    • Ya but unlike most others, Gerard has a rare skill, acting. Successful people like himself have worked exceptionally hard way harder than the masses to get where he is today.

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    • It has nothing to do with being “successful”. The majority of wealthy people are happy to pay their fair share of taxes. However, a minority want to pay very little tax.

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    • Really? Do u know them personally or something? If most of these wealthy folk wanted to pay higher taxes they’d actually start declaring, stop hiring financial advisors who tell them how to take advantage of loopholes, and they’d stop being tax exiles.

      If the majority of high earners wanted to pay higher taxes they’d give themselves a wage

      Reply
    • There are very few loopholes to exploit without penalties or prosecutions. Take my advice: stop reading the Irish Independent (or equivalent) and look at these government statistics translated:

      1. Taxes on the top 10% wealthy are currently at a 25 year low.
      2. Since the 1980’s taxes on the rich have been falling due to (a) tax breaks, (b) tax band re-adjustments

      This corresponds to Ireland. However, in France, the wealthy are encouraged to pay a little more tax and yet they decide to move abroad. This is wrong, why should the ordinary French people have to pay more taxes for the wealthy? WHY?

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    • People tend to want to pay the same tax as everyone else with the same income. They don’t want to be the loser who’s paying way more than everyone else. Of course they’d hire tax advisors. It’s human nature. You can’t let yourself be robbed.

      Reply
    • It’s only fair that someone on €1 million should be taxed higher than someone on €10,000. The Irish people also support this in a recent poll on high earners.

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  • 75% ?
    Are they CRAZY?

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  • The rich live in Monaco or Switzerland, no need to be paying tax in France.

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    • Except when France signs bilateral tax agreements with them, the rich will have to go further afield instead of simply paying their fair share.

      Reply
    • There is a wealth distribution problem in Europe.

      Switzerland no longer wants to be a tax haven. Their government recently committed to opening up new tax agreements with some countries. The Swiss have recently signed an agreement with the United States on alleged ‘tax exiles’ allowing Washington to more easily identify U.S citizens there.

      In Greece, the “lagarde list” reveals the details of some Greek citizens who are allegedly using Swiss bank accounts.

      Reply
  • Are the French stupid. Taxing the wealthy higher rates is counter productive. It would give people no incentive to go out and make something of themselves.

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    • Exactly.

      The people that get paid a mill are the leaders and not the employees. The fact is we need them, without them many people would not have a job.

      Them the facts.

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    • The French are Not stupid. For too long, the elites have ruled France by passing tax codes in their favor. The ordinary French people are tired of paying for the lavish lifestyles of the top echelons in their society.

      I think you are too immersed in your own partisan rhetoric to see the difference between rich and poor.

      Reply
    • ” Taxing the wealthy higher rates is counter productive ”

      I’ve never heard a capitalist properly explain that one before. Perhaps you could explain how taxing someone progressively is “counter productive”?

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    • certainly Mark!
      1. wealthier people have greater control about how much money they can earn – if they know the government will take almost all of what they’ll earn tomorrow, they’ll rather go and play golf instead. They also won’t bother making investments, that create jobs, if there’s no incentive to do so.
      2. As Mr.Depardieu’s case illustrates, if you try to tax someone who has means, they can just move somewhere else to avoid being taxed. So the French government won’t get the hundreds of thousands he would have paid had they not tried to gouge him. They only alternative is to take away his freedom to travel, and only socialists would consider going down that road.

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    • Tim, thats some pretty dumb deducing right there. Cheers for proving marks point.

      Reply
    • An anonymous poster calls a comment ‘dumb’ without explaining why .

      That sounds like a valid critique.

      Reply
    • Hardly crazy. The rich need to pay taxes like anyone else in the real world.

      Reply
  • It’s unfortunate, but realistically unless they built some kind of Berlin Wall like structure around the entire French Border to trap every wealthy person in the country, they would have all just left with their wealth anyway. As the old saying goes, the problem with socialism is that eventually you run out of other people’s money to spend.

    Reply
    • Wrong. Socialism lifts people out of poverty. It creates a more equal society. Your problem David is that you read the WSJ too much. You picked the worst possible quote from an evil woman who ended up being ousted by her own people in the end. Not to mention the fact Thatcher is an arch enemy to Irish people. It’s interesting you exposed your idol to a British capitalist. Perhaps you should consider moving to Britain and renounce your Irish passport. Nobody is stopping you.

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    • I’m by no means a Thatcher fan and I’m perfectly aware of her flaws. I just think it’s a good quote that is pretty relevant for this issue. You might find this hard to believe, but there is a such thing as a middle ground. I’m not some right wing nut who is completely opposed to redistribution of wealth. I come from a working class family myself. By all means, I’d love to see the white collar crooks who got us into the mess that we’re in forfeit their assets to pay the rest of us back. I just think the idea of punishing every wealthy person, particularly those with the ability to move their wealth easily, just because they have it is a foolish idea. It would essentially be the law of diminishing returns in action. The act to generate more tax revenue could potentially result in the loss of the revenue they were already getting from these people by making them leave.

      As for how you responded to my other post (figure I should answer it all in one post) I don’t even understand why you had a problem with that one seeing as I was actually agreeing that the 75% tax shouldn’t be a huge deal in this case seeing as it only applies to income over €1M (but alas, people are naturally greedy). Read my post again if you missed that.

      Reply
  • This is the right decision sure there all moving the Belguim anyway

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  • Irish Household Tax fails French Constitutional Court test on:-

    - equality: only applies to house owner properties NOT land or farms or LA occupied houses.
    - proportionality: €100K house property taxed ….. €1M farm property NOT taxed.
    - fairness: Inability to pay not our problem!
    - unjust enrichment: €100K house owner to pay for inflated PS pensions and private company debt (banks!)
    for starters!

    Another Hemophiliac moment!

    Reply
  • Poor in spirit rich in income

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  • I’d say that those 1500 people that would have been liable to the tax would much prefer to donate their time and valuable knowledge/experience in fixing the country rather than having something they worked hard to get just taken from them purely because the government couldn’t be bothered to be more creative and provide a productive answer to their problems.

    Reply
  • Plenty of “Sons and Daughters of Thatcher” on here….the rich have more they should pay more. Not all working class people are lazy as seems the view on here.

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    • Tax the rich, Tax the rich, Tax the rich. It will solve everything blah blah blah. Change the bloody record. Socialists are all the same, tax the rich when they see people earn more then them. They shut up fairly quick when they are on a decent wage themselves. Europe needs to turn back from these socialist scam artists.

      Reply
    • they do pay more. that’s what ‘percent’ means.

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    • The rich don’t “pay more”. As tax figures illustrate, we have a taxation system that favors the top 10 per cent here. Tax breaks were introduced by FF, FG and LAB throughout the 80′s, 90′s and early 2000’s. For example:

      - the group companies tax break
      - the company car tax rebate
      - the subsidies to private schools
      - the “double irish arrangement” scheme…..

      Reply
  • A big, corpulent right-wing plonker, who hasn’t been in a good movie for decades. France will be better off without him. Bon debarras!

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  • Like it or not, you can’t tax anyone that high. Tax has to be fair for everyone. Most of us work for a “rich person”, what happens to us when they take their company to India, China etc.? We end up losing, we no longer get the tax from the rich person wages, company taxes and our own wages, it’s all gone. Instead we’re looking to collect the dole…..

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    • You can’t cut your way to prosperity. Outsourcing has been made more difficult thanks to import tariffs. Also, bi-lateral tax agreements can be signed to prevent tax avoidance by the rich. If the wealthy had their way, Irish workers would be paid $2 an hour and outsource jobs to China.

      Reply
    • well if Irish workers could be paid 2 euros an hour they wouldn’t need to outsource jobs to China – which I don’t think they really want to do anyway, given the choice, and considering the cost of transporting most goods. But your point, Regonald, about tax agreements is important, yes that could happen, but as long as one country or group of countries holds out and allows wealthy people to live there in a low tax regime, it will be a problem until bigger countries start to use force, which would be bad we would probably agree. Even if only because, if your country has to force your citizens to live there it might be a sign that something is badly wrong. If a government increases the cost of living in your country, it can’t complain when people respond to that incentive as though it wasn’t part of their initial calculation. It’s hardly unforseeable. And considering people unpatriotic or otherwise wicked for simply responding to a government policy is the mark of a very repressive government, imo.

      Reply
  • F the French

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  • I don’t see what the big deal is; a 75% tax would leave a 1 million salary earner with €250k in their pocket,
    or about 7 times the average (gross) industrial wage in Ireland. God love them, they can’t survive on €250k/yr!!

    Either way Diepardieu is not going to afford his own private jet and during take off/landing procedures he’ll need to contain his bladder like everyone else…..

    Reply
  • Socialist pigs. Wall, Gun, Shot.

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  • Who constitutes the constitutional council?

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  • The rich should be hit and hit HARD

    Reply
  • Pissy frogs

    Reply

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