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25.04.2019Christine Daric, Olivier Mesmin

Sale of SCI shares: the Quemener ruling is back in favor

Read the article by our partners Christine Daric and Olivier Mesmin entitled “Sale of SCI shares: the Quemener ruling is back in favor”, published in Business Immo on April 25, 2019.

“Until the LUPA ruling of 2016, it was generally agreed that investors in a French non-trading real estate company (SCI) were not to claim a tax rebate for the unrealized capital gain derived from the underlying asset at the time of buying shares in the SCI. […] In its ruling of April 24, 2019, the Conseil d’État (France’s highest administrative court) reversed its position from LUPA and held that the Quemener ruling applied even if the capital gain was not effectively taxed twice.”