Dissertations / Theses on the topic 'Optimisation fiscale'
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Catalan, Raymonde. "Optimisation fiscale et libertés communautaires." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1003.
Full textToulza, Claire. "Alternatives contractuelles et optimisation fiscale d'entreprises." Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAD008.
Full textThe object of the demonstration which is going to follow becomes attached to the fiscal optimization of companies has fault the realization of strategic contractual fiscal choices. It is going to be demonstrated how, through certain contractual alternatives, the fiscal optimization of companies is possible.From an abstract point of view, the article 1101 of the Civil code defines the contract as " an agreement of wills between two or several people intended to create, to modify, to pass on or to put out obligations ". From a theoretical point of view, the law defines a "good" contract as the one who is correctly formed and the one who answers in the conditions of requirements of validity of the contracts which appear in the article 1128 of the Civil code,who amount by the presence of a consent of the parties, their capacity to contract and of a licit and certain contents.The entrepreneurial practice does not realize a study so rigorous, as for the definition of the notion of contract, that on the legal plan. For her, this notion concerns the commercial relation in general, by a general appreciation, which must be made under the lighting of the advantage economic and fiscal which is expected. There is a certain distinction between the criteria of qualification of the "good" theoretical contract and the criteria of qualification of the "good" practical contract.In the world of the entrepreneurship, the practitioners will have to proceed to a series of choice, and it to various stages of life of their company. Chronologically, in the beginning of social life, one of the first choices to which the practitioners to advise these companies will have to proceed in the choice of the structure member whom the concerned company will adopt. Indeed, any company recently created, will systematically come to ask itself the question to know under which legal shape it is the most interesting for her to evolve. A multitude of factors will come into play during the decision-making, and the fiscal factor is a factor having a considerable impact on the subject. Once the choice of the structure operated member, it is in the course of social life that other choices will have to be made. The choice of tools allowing the fiscal optimization of the company will settle and will play a consequent role in the success of the operations implemented by the concerned company
Vieugue, Aurelie. "L'évasion fiscale." Electronic Thesis or Diss., Toulon, 2022. http://www.theses.fr/2022TOUL0149.
Full textTax evasion is at the heart of the news. A burning subject that clashes with the secret of the most powerful. Tax evasion unlocks the back doors of the global economy where the wealthiest avoid paying taxes in the public interest. Escape is a true sport reserved for the elite, where taxation appears as an increasingly complex and evolving subject, where only practitioners excel in the art of advising or escaping the assets of the most powerful. Many scandals that have become infamous like the Panama Papers in 2016 have revealed the underground rivers of dirty money, where the grey waters of tax evasion and the black waters of crime mingle, but also the Paradis Papers have pointed out the legal flaws of an international system to allow elites and multinationals to avoid taxes. Some countries at the very heart of the European Union remain true tax havens.In 2018, a reform was adopted by the European Union to combat financial opacity by requiring the creation of beneficial ownership registers, moving towards transparency and real tax fairness. In our study, we will elaborate on tax arrangements in order to explain how certain multinationals circumvent the law. We will also fear that some of them are being punished by penalizing tax law. The regulation of taxation is done for individuals but also for large multinationals. The latter can be punished very severely thanks to the power of the tax authorities. Let us not forget that every year, 80 billion euros escape the French tax system.Is not the repression trying to move towards a restriction of individual freedoms?, are we moving towards a liberticide society?, are human and citizen rights respected?Will the tax law take precedence over our individual freedom? Is happiness old in a society where the right to secrecy does not exist? There is also the question of questioning the participation in the tasks of the community, who can question it?, the rich, the poor, society? The Declaration of the Rights of Man and of the Citizen of 1789 stresses the necessity of the tax “it is a common contribution that is indispensable”, Article 13; “The Need for Public Contribution”, section 14. A society cannot function without taxation. This idea has become the principle of the necessity of taxation, which means that it is indispensable to all community life. From this precept, the Constitutional Council has deduced that the fight against fraud is legitimate. However, the powers given to the administration for this purpose must respect another principle, which is also reiterated many times in the declaration, that of freedom. In fact, tax control must not interfere with the taxpayer’s freedom and privacy. -
Caussade, Thomas. "La stratégie fiscale de l'entreprise : entre optimisation et fraude." Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10009/document.
Full textLe résumé en anglais n'a pas été communiqué par l'auteur
Molé, Antoine. "Les paradis fiscaux dans la concurrence fiscale internationale." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090007/document.
Full textIn the framework of the growth and the internationalisation of the financial flows since the beginning of the twentieth century, Tax havens leading positions in the economic and financial environment have become so much important, that many political actors of the well developed countries have tried to assess this phenomenon through the international tax competition studies. Going further in the tax optimisation and tax planning process of the offshore sphere of activity, we can consider that far from being isolated in the sovereignty of a few countries, the offshore financial model is far integrated in the worldwide economic system, which can explain the difficulty and the different means used by the political authority to manage and stop the offshore mechanism through a by territory approach
Coulon, Édouard. "L'évasion fiscale : essai de construction d’une catégorie juridique." Electronic Thesis or Diss., Paris 2, 2021. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247226528.
Full textThe term "tax avoidance" has been very popular in the last few years as a result of journalistic revelations about " cases " or " scandals ". The vitality of this term should not obscure the fact that this term also has a legal scope. It is widely employed by the different sources of law or by their commentators, but it has not yet received a uniformly shared definition. On the contrary, it suffers from a certain of confusion with other expressions often used in connection or mixed with it, such as "tax evasion" or "tax planification". However, the struggle against "tax avoidance" is expressly used as a purpose pursued by legal rules and in certain decisions of the Constitutional Council.Among all law' sources that use this term, we have tried to establish a certain coherence to bring out different elements of its definition. Tax avoidance appears to be a formally legal behavior, but motivated by a predominant tax intention, i.e. accomplished with the aim of obtaining a tax gain by means of an artificial operation, and carried out for a purpose contrary to the intention of the author of the abused text or to the principles of public tax order. This definition allows us to consider a distinction between this notion and the notions of tax planification and tax evasion. However, this definition is awaiting change of the tax law whose litigation tends to be held more and more in front of the criminal judge
Jousset, Damien. "L'emploi des présomptions dans la lutte contre la fraude et l'évasion fiscales internationales." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D079/document.
Full textIn order to struggle efficiently against tax avoidance and tax evasion tendencies, enhanced by offshore jurisdictions, often lacking transparency, and tax havens with their attractive conditions, the lawmaker has enabled rebuttable and conclusive presumptions to be used in suing cases. These legal tricks favour Tax administrations in winning the argument, since those are no longer required to bring compelling evidence of tax avoidance or tax evasion. It is enough to prove a fraud, an offence or an aggressive tax optimisation process with one or several connected facts. In practice, the lawmaker is often using strengthened standards on presumption to reverse the burden of proof onto the taxpayer, who therefore must provide evidence for any exemptions from responsibility regarding the alleged offence or abuse. To improve these tools efficiency, the lawmaker has also designed conclusive ( or irrebuttable) presumptions. Usual presumptions are characterised by their emphasis on anti-abuse clauses, which oblige taxpayers to bring stronger evidences in lawsuit. For Tax authorities, these are part of a legal arsenal using connected facts against the defensor who carries the burden of proof related to tax monitoring operations in the absence of abuse of rights
Sattar, Abdul. "Évitement fiscal des entreprises : déterminants et conséquences pour les pays de l'Union européenne." Thesis, Lille, 2020. http://www.theses.fr/2020LILUA020.
Full textMultinational corporations (MNCs) seek the opportunity to expand their operations on foreign soil to accomplish their strategic expansion needs. In this regard, they undertake foreign direct investment (FDI) in the countries where they find conducive business conditions. From the perspective of countries, FDI is one of the important factors for achieving development objectives.However, for the past few years, the MNCs are being criticised due to tax avoidance. The MNCs channel FDI through offshore financial centres (OFCs) which involve no real economic activities. The flow of FDI towards OFCs has been abnormal, which is hard to explain through orthodox MNC theories because they only focus on the conventional determinants of FDI with hardly analysing the role of tax havens. Multinational firms exploit the competitiveness of tax havens and establish a network of subsidiaries. Because of such activities, the non-tax haven countries suffer billions of dollars of corporate revenue losses every year. The European Union (EU) holds a distinctive position in the debate on tax avoidance as some of its member countries like Luxembourg and the Netherlands are the hub of unreal FDI. With her unique single market, the EU has become one of the hotspots for tax avoidance for the MNCs. Besides, the EU is an active player against tax avoidance not only at the regional level, but she also has a strong position in the international community. Against this background, this thesis analyses the determinants of tax avoidance, its consequences, and the policy response of the EU. With literature survey, we build an analytical framework to understand better the drivers of tax avoidance behaviour of EU-based MNCs. We hypothesise that corporate tax avoidance (tax-avoidance motivated FDI) is determined by the interface of firm-specific advantages and country-competitive characteristic of tax havens. Panel data of firms and ownership information was used to test the hypothesis through hybrid regression model (generalised linear mixed model). We show that the strength of firm-specific advantages and tax haven affiliates determine the level of tax avoidance. The high-tech or medium-tech firms with a number of subsidiaries in tax havens avoid more taxes. The intangible assets play also a crucial role. Addressing the issue of the impact of tax avoidance activities on fiscal resources of the non-haven EU countries, we use unique inward FDI from OFCs and FDI income return data to scale the corporate revenue losses. Using country and year fixed-effects linear regression models, we find that increase in the share of inward FDI from OFCs deflates the rate of return on FDI income. The negative relationship between these two is due to the tax avoidance activities of MNCs. In absolute terms, the large economies suffer more. However, in relative terms of gross domestic product, the smaller economies mark significant fiscal revenue losses. To fight against tax avoidance, the EU initiated several policy measures but had limited success. We elaborate on the reasons by using Multiple Streams Framework (MSF). We show, at the beginning, the primary focus was on the tax harmonisation. Several directives were adopted to eliminate the distortions in the single market. Tax avoidance received attention after the financial crisis. We conclude that the engraved structural constraints in the decision-making process preclude the success of policy outputs against tax avoidance
Aït, Bihi Ouali Laïla. "Trois essais sur les réponses individuelles aux allocations chômage et à la fiscalité." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0597.
Full textThis dissertation gathers three essays on behavioral responses to fiscal systems and benefits.The first chapter, ``Partial Unemployment Insurance and Hour Decisions", measures how financial incentives in Partial Unemployment Insurance (PUI) programs affect job uptake. PUI programs allow jobseekers to keep their benefits when working if the job abides by eligibility conditions. We exploit as a quasi-experiment the 2006 French PUI reform consisting in a decrease in the hour threshold. The main finding is that the reform significantly increased the conditional probability to take up a PUI job below the new hour threshold. A narrowed benefit availability contributes to a decline in worked hours for PUI claimants.The second chapter, ``Potential Drivers of Undeclared Work", investigates undeclared work in France and Europe. This study exploits a unique pilot survey on supply and demand of households. We find that the social circle, autoestimated risk and sanctions and civic values are strongly correlated with undeclared work. Individual heterogeneity adds up but is not substitutable to standard socio-demographic variables. Using the Eurobarometer survey, we find comparable estimates at the European level.The third chapter, ``Top income tax evasion and redistribution preferences: Evidence from the Panama Papers" attempts to explain changes in perceived inequality after worldwide fiscal scandals. I exploit as an exogeneous shock the 2016 Panama Papers scandal revealing top-income households' tax avoidance. I find that, post-scandal, stated preferences for redistribution strongly increases. Using additional data, I find consistent results at the European level
Radacal, François. "L'usage de zones à fiscalité privilégiée, un mode d'optimisation fiscale et de sauvegarde économique." Thesis, Paris 9, 2013. http://www.theses.fr/2013PA090030.
Full textThe end of tax havens is often used as it addresses the issue of the financial arrangements using one or more offshore companies. Specialists prefer country or area tax advantageous or privileged. Some people distinguish two categories of tax-friendly territories. The term 'zone to privileged taxation' is often used as a euphemism referring to countries such as the Belgium, the Ireland, the Luxembourg, the Netherlands, Portugal, Switzerland, Tunisia, Hong Kong, Malaysia, Singapore, inter alia, that are considered to be "tax havens" Andorra, Jersey and Guernsey, Gibraltar, the Liechtenstein, Anguilla, Aruba, the Bahamas, Barbados, Bermuda, Cayman Islands, Panama, etc. It is a classification pretty vague, relative, intaglio, separately classifying the areas where tax is relatively low, compared to the France or the Germany.The difficulties posed by this classification are numerous and have highlighted the lack of such reasoning, often journalistic. The concept of tax haven has only a relative value, hence the difficulty to identify a single, universal definition characterizing this phenomenon. It is necessary to use a definition based on a number of criteria. Also, generally, tax havens are characterized by an absence or low taxation of capital income, and transactions, which is usually the motivation of their use. These tax benefits are not necessarily all of the people who will establish their home: the income tax regime can differ for the physical and legal persons, residents and non-residents. Jersey taxation for example advantage especially for non-resident companies; In contrast, Monaco is a tax haven for people.However, the definition of areas of taxation in French law also limits the use of this concept. French law therefore uses a single expression, which the main determining criterion is mathematical. It is a definition encompassing all commonly used concepts: tax haven, offshore Center, etc. It is this definition that we will retain in our study areas in privileged taxation. Tax optimization, which it is difficult to give a real definition, could be defined as the implementation by a taxpayer of lawful means to reduce its tax base or the weight of its tax. It is a common and quite legal financial strategy. Tax fraud and tax evasion as they are, for the first intentional transgression of the tax regulations to minimize its tax by various techniques (voluntary omission of declaration, minorazation).Privileged tax areas have potential for externalities that can serve the cause of economic efficiency. The proper conduct of the business areas in privileged taxation can stimulate investment and complementary business in other countries. Thats what we gather under the expression "economic backup." Our problem will therefore be as follows: is it possible to imagine a financing package of tax optimization based partly in a privileged but taxation area whose primary objective is the realization of an investment in the service of the economy of the country of origin, and therefore outside the scope of tax evasion? In the first part, we tacherons to define the scope of the possible (first part: fixtures and their suppression), engaging first to different assemblies and types of tax structures (title I), then to the French and European instruments to combat tax evasion . In a second part, we will study the existing sanctions and will demonstrate that an Assembly whose purpose is not only tax allows to counteract part II: the main sanctions and a possible countermeasure)
Tournier, Louis. "International Financial Regulation and Offshore Financial Centers : the Rise of Soft Law and the Dichotomy Between the Anglo-Saxon Vision and the Continental European Approach." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D012/document.
Full textHow does the lack of shared economic interests among OECD member countries weaken new international laws-which are based on soft law-that aim to contribute to the fight against the financial and fiscal opacity of offshore financial centers? Tax optimization involves using the rules of law to legally reduce a tax burden. But the line that separates tax optimization and tax evasion is tenuous and one could even say porous al best. Increasingly, it indeed appears that the issues of tax optimization and tax-fraud are becoming one, as the rules of law can be easily circumvented and the limits easily crossed. This phenomenon is particularly evident in the field of international taxation. This thesis deals precisely with the issue of difficulties of Soft Law in regulating offshore financial centers. Indeed, the absence of common economic interests is blatant between the Anglo-Saxon countries and continental Europe on this issue, thus finding a common interest (that could be economic, cultural, environmental or security-related) appears to be key to the success of legislation based on Soft Law internationally. The common interest seems unattainable when it comes to combating tax optimization, since the main aim is to protect the social model of the welfare state in continental European countries. A dichotomy of size at the time when the Anglo-Saxon countries are increasingly lacking in such a model
Morhun, Nicolas. "Optimisation et sécurisation des investissements immobiliers russes en France." Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED067.
Full textBased on an economic analysis of the investment, which is increasingly tending to develop in contemporary law, the study of optimisation and security of Russian real estate investment in France relegates the risk of money laundering. This thesis shows that although such a risk cannot be denied, it can still be evaluated by implementing a management approach in order to optimise client’s issues and interests.The investment risk analysis requires consideration regarding questions relating to international private law, international taxation, as well as financing for transactions and implementation of guarantees. As a rule, the money laundering risk is leading various professionals involved in the transaction to fear the worst; however such risks seem to appear as a result of economic and legal analysis which aims to serve investor’s interests. Understanding the issues and reasons for investment, whilst trying to find solutions in order to secure the investment process is the objective of this thesis
Njime, Honoré. "Les Leviers fiscaux des opérations de financement et d'intégration par les entreprises de leur environnement." Rouen, 1995. http://www.theses.fr/1995ROUEL217.
Full textThe search for the fiscal optimization in the integration and financing operations by firms in their environment goes through a clear and coherent action in all fiscal levers. These levers whose identification is the support points with fertilization orders or strategic maximization vectors. They are a precise knowledge of options given by fiscal law in the intended operations. As an integrant part of the decisions making equation for which the firm searchs the optimal solution, the levers identified then, can be "activated" ufstream and in the implementation of the accepted solution. The fiscal engineering linked to financing and integration operations within their environment can'not however reach efficiency only if the firm tries and controls the legal, financial and fiscal risks tied to the achievement of these operations in compliance with the subordination of the fiscal policy to the general policy of the firm
Cavalier, Célia. "L'organisation du patrimoine du couple a l'epreuve du droit fiscal." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40054/document.
Full textThe efficiency of the organization of the Couple's estate requires a harmonious relationship between civil law and tax law, even if each of these two branches of law pursues its own purpose. The search for optimization and for the security of the couple's tax burden should then be assessed in the light of this relationship. As regards management, the tax optimization of the couple's estate implies that the taxation of the couple's income and capital is individualized. Tax should therefore take into account the couple's tax payment capacities, that is to say their personal situations. The household taxation system allows to respect the principle of the individualization of tax. However the fact that tax law translates poorly the pluralism of the modes of conjugality may lead to challenge the system. These contradictions are slightly different for the treatment of tax debt. Indeed, the translation of the mechanism of solidarity into tax law guarantees a satisfactory balance between the taxpayer's guarantees and the respect of the necessity of taxation. As regards inheritance, the tax optimization of the couple's estate implies that the taxation of transfers is reduced. Though there are still contradictions, the relationship between private law and tax law is more harmonious. As far as registration fees are concerned, de jure couples do not have to favour taxation to the detriment of a legacy strategy. For de facto couples, taxation remains. So they need to resort to the techniques of anticipatory inheritance, but they are still subjected to tax risks
Mial, Fatima. "Fixation des prix de transfert à l'épreuve de la double imposition économique." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1053.
Full textAs a result of globalization, multinational companies have increased their international transactions, and in consequence, international tax planning. The need to determine "objective" transfer pricing in order to ensure the fair allocation of tax revenue between States quickly became a global necessity. However, the readjustment of transfer pricing as carried out by tax administrations leads to double taxation.At present, the arm's length principle is the international standard used as a reference norm to determine "objective" transfer pricing. However, this standard is perfectible and so the international community has been looking for and trying out alternatives to the norm of arm's length pricing. Consequently, both domestic and international rules and regulations need to be reassessed with regard to the problems of transfer pricing so that transfer pricing issues can be addressed not only from the perspective of tax revenue but also taking into account their overall economic dimension.The major evolution over last few years is the new approach to the tax administration/company relationship. The company must determine its transfer pricing in agreement with the tax administration in order to reduce the risk of economic double taxation. This aims to make sure that a fair share of income tax is apportioned between States and also guarantees a secure legal framework for the future allowing international trade to continue to develop and rise to meet the challenges that lie ahead
Ouedraogo, Jean Kassim. "De la notion d'abus de droit fiscal." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3058.
Full textThe fiscal notion of law abuse is a high profil topic which interests all business life actors. We hear more and more in our Medias, schools, businesses, as in our homes, such terms as tax optimization, tax evasion, tax fraud and abuse of law. In addition, news is marked by the fight against abusive tax practices of taxpayers that has taken place at various levels. Internationally, with the initiative of the OECD and G20 in the BEPS project. At EU level, with the measures taken by the European Commission and, at national level, by the work of parliament.In national law, recently, the article 100 of the Finance Bill for 2014, as passed by the Parliament, provided that the word "exclusively" which represents one of the characteristic criteria of abuse of law by legal fraud, be replaced with the word "primarily" tax in the article L. 64 of Tax Procedure Handbook.The Constitutional Council censured this legislative attempt in a decision dated December 29, 2013 on two grounds: It held that that article was against the objective of a constitutional value of accessibility and intelligibility of the law, and the principle of legality of offenses and penalties.This censorship decision is a decision which could be interpreted as asking to the Legislator to define with greater precision what it meant by "primarily" fiscal motive, but also generally define the concept of abuse of law in tax matters.It should be recalled in this regard that article L. 64 of the Tax Procedure Handbook, heart of the French concept of abuse of law, does not define abuse of law in the strict sense, but rather the abuse of law procedure. If the constitutional implications were quickly known, the theoretical foundations merit further examination, including a comparative approach, and if applicable European and international questions.It is therefore to clarify the tax concept of abuse of law, defining the abuse of law, namely its comprehensible aspect or not. It is the choice of that last idea that we made, namely to demonstrate the elusiveness of a notion of abuse of law.This demonstration leads necessarily to answer several questions. In particular, does a unique unanimously accepted concept exist? To what extend the notion of abuse of law cannot be found? Should the concept of abuse of law be elusive? If forced to find a common concept of abuse of law, isn’t it a challenge the institution’s logic and a withdraw of its efficiently? Should priority be given to a common approach of abuse of law definition by the European Union Member-States? What about the articulation of anti-abuse devices between them. It is among others the questions that have been raised in the developments
Petengoue, Tassi Jules Alain. "Le traitement fiscal du financement des sociétés dans les relations intragroupes en droit comparé français, allemand et camerounais." Cergy-Pontoise, 2009. http://www.theses.fr/2009CERG0406.
Full textThe problem bound to the incapacity of the financial means of companies does not stop arousing numbers of questioning for whom a reaction is necessary. The umbrella organisations on the other hand are less exposed because, they establish an internal market of capital in which subsidiaries can finance. Indeed, legal techniques of financing directed to moderate fiscal choices, turn out to be tools of optimization of incomes facilitating the bailing out(refloating) of intragroupes stockholders' equity. Such the maintenance obligation within a family, the horizontal and vertical financial streams feed the companies of the group according to the technique of centralization of finance. It's the same techniques fiscal of the regime of the exemption from dividends and from that of the ascent of the losses. Nevertheless, a management control is important and necessary penalties. It is a mechanism wanted by certain European countries for the expansion of the groups in the breast the economic community and the conquest of new markets. This conception is on the base of the subsidy of the means of financing current in France and in Germany, except the difference of certain choices tactics. The harmonization of the law of economic activities, its modernity and its adaptability are assets important for the popularization of the law, the promotion of the investments and the creation of the added value. Such are also the objectives of the law of economic activities in the space OHADA
Eyssartier, Pauline. "La gestion de patrimoine privé à l’épreuve de l’abus de droit fiscal." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0190/document.
Full textThe procedure of tax law abuse is a « sword of Damoclès » for any taxpayer too imaginative in themanagment of his personal property. Optimization, Yes ! But without excess. Tax authorities keep a weather eyeopen. From the moment a financing process seems artificial, they implement their procedural weapon for whichthey bear the burden of proof, and can punish fictitious or fraudulent transactions.The study of the personal property tax optimization can cover both the transmission and the holding ofpersonal property. Regarding the transmission of their private assets, taxpayers seek to optimize the taxation ofcapital gains (to elude their tax regime or, conversely, to benefit from it), such as transfer taxes (to elude theirimplementation or to take advantage of the transfer taxes subject to payment rather than those free of charge). Asfor the holding of assets, it is the taxation of income (both national or international law), as well as the wealth taxthat are being sought to optimize taxation.Wathever the taxation, the wish to control one’s tax burden is not without risks for the taxpayer. Hemust take precautions and comply witht legal and jurisprudential criteria to avoid the implementation of theprocedure of law abuse. Maurice COZIAN’s quotation perfectly sums up this tax risk : « the procedure of taxlaw abuse is a « sword of Damoclès » hanging over the heads of all too cunning taxpayers ; if they go too far,the sword breacks off, and it ends up in the tax cataclysm »
GARNIER, ROMAIN. "De la difficulte de transmettre une entreprise en france : inadequation du systeme fiscal et optimisation des operations de transmission." Amiens, 2000. http://www.theses.fr/2000AMIE0052.
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