France Implements EU’s Public Country-by-Country Reporting Directive

July 12, 20230

The EU Public CbCR Reporting Directive was adopted into French national law by an implementing decree and ordinance on June 21 and 22, 2023. By its implementation, France has taken a significant step toward enhancing corporate transparency and combating tax evasion  

 

Who is in scope? 

 

France has recently published an ordinance in the Official Journal, implementing the EU Public Country-by-Country Reporting (CbCR) Directive. This ordinance introduces a new reporting obligation for multinational companies operating in France, requiring them to publish a report containing information on taxes paid on profits in the countries where they operate. To define the practical modalities of application, a related decree and an order have been issued. 

France’s Pioneering Role:  

 

France has been at the forefront of implementing the EU Public CbCR Reporting Directive, effectively leading the way for other member states. As more countries adopt similar measures, there will likely be a global shift toward greater financial transparency, ultimately leading to a fairer and more sustainable global economy. 

 

What are the key takeaways? 

 

  • The first implementation of the reporting obligation will be applicable for financial years beginning on or after June 22, 2024.  
  • The report, translated into French if necessary and certified, must be filed with the commercial court registry within 12 months from the balance sheet date. 
  • The report will be made available to the public on the reporting company’s website free of charge for a period of five years. 
  • The French target companies required to report are the following:  autonomous companies, consolidating companies, medium or large subsidiaries controlled by non-EU/EEA companies, and French branches of autonomous and consolidating companies. 
  • The report on income tax must include information such as the company name, financial year, currency used, list of controlled companies included in the consolidation, description of activities, number of employees, turnover, profit or loss before income tax, income tax due, income tax paid, and retained earnings. 
  • Under the safeguard clause, information that could seriously harm the commercial position of the companies concerned may be omitted from the income tax report, except for information related to jurisdictions on the European black and grey lists. 
  • The ability for anyone to request that the Court’s president order the release of the income tax report in a short procedure 

 

France’s implementation of the EU Public Country-by-Country Reporting Directive on June 21 and 22, 2022, marks a significant milestone in the fight against tax evasion and profit shifting within the EU. By requiring large multinational companies to disclose detailed financial information on a country-by-country basis, France is leading the way in promoting transparency and accountability.  

 

Author: Angelo Girardi, Junior Associate at TPA Global

 

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