New Exit Tax for Individuals

In this note, the author outlines France's second attempt at introducing an exit tax on capital gains on shareholdings that accumulate prior to the emigration of a French resident, which was carefully drafted to ensure that the new provision is compliant with EU law and the guidance of the European Court of Justice in regard to exit taxes, in particular the de Lasteyrie du Saillant v. Ministère de l'Économie case.