ISF under the yoke of the Constitutional Council - July 19, 2010
The wealth tax (ISF), unconstitutional in the state? The Sages, seized last July 9 of this issue by the Taxpayers Association Associates, will decide by September or October. And the stakes are high. For if the Constitutional Council was to declare certain provisions of the ISF unconstitutional, we would have the wealth tax as we know it. MPs would then be obligated to substantially alter the content in a specified time. "The legislature would have no choice but to significantly modify the rules for calculating the ISF, or delete part of a general revision of property tax," says Ms. Subra.
The firm Delsol, depositary of the question of constitutionality to the association, is based on several arguments challenging the constitutionality of the tax on capital.One of them echoed the often-repeated complaints by some subject to the ISF, including the famous land owners in the Isle de Re. Insofar as the base of the ISF include all household goods tax, even those who do not produce income, wealth tax does not respect the principle that everyone participates to tax under its ability to pay. To take the example of the fishermen of the Ile-de-Re, one can own a heritage of great value, without benefit of an income therefore savings account payday loans. And then be in a difficult position to pay the ISF.
Reform symbolically embarrassing
If the Constitutional Council was to justify the Taxpayers Association Associates, it would be a first.And a decision that should give grist to the parliamentarians who are already campaigning for the abolition of this tax. The chairman of the Senate Finance Committee, Jean Arthuis, including calls in exchange for the abolition of wealth tax for an increase to 45% (currently 40%) rate the highest tax bracket on the income, an elimination of tax shield and an increase in taxation of capital gains and real estate. But if this reform has the support of tax, although it may be symbolically very embarrassing for the government and parliamentarians.Difficult to explain, when the time is budgetary contractions, which can revoke or amend a tax that taxes "the rich" …
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