# C_2016305EN.01001701.xml

| 22.8.2016 | EN | Official Journal of the European Union | C 305/17 |
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22.8.2016

EN

Official Journal of the European Union

C 305/17

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Request for a preliminary ruling from the Conseil d’État (France) lodged on 10 June 2016 — Marc Jacob v Ministre des finances et des comptes publics

(Case C-327/16)

(2016/C 305/24)

Language of the case: French

Referring court

Referring court

Conseil d’État

Parties to the main proceedings

Parties to the main proceedings

Appellant: Marc Jacob

Appellant:

Respondent: Ministre des finances et des comptes publics

Respondent:

Questions referred

Questions referred

| 1. | Must Article 8 of Directive [90/434/EEC] of 23 July 1990 (1) be interpreted as meaning that it prohibits, in the event of an exchange of shares falling within the scope of the directive, a mechanism for deferred taxation which provides, by way of derogation from the rule that the chargeable event for capital gains tax purposes occurs during the year in which the gain arises, that the capital gain on the exchange is established and settled on the exchange of the shares, and taxed in the year in which the event putting an end to the deferred taxation occurs, which may, for instance, be the transfer of the shares that were received at the time of the exchange? |
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1.

Must Article 8 of Directive [90/434/EEC] of 23 July 1990 (1) be interpreted as meaning that it prohibits, in the event of an exchange of shares falling within the scope of the directive, a mechanism for deferred taxation which provides, by way of derogation from the rule that the chargeable event for capital gains tax purposes occurs during the year in which the gain arises, that the capital gain on the exchange is established and settled on the exchange of the shares, and taxed in the year in which the event putting an end to the deferred taxation occurs, which may, for instance, be the transfer of the shares that were received at the time of the exchange?

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| 2. | Must Article 8 of Directive [90/434/EEC] be interpreted as meaning that it prohibits, in the event of an exchange of shares falling within the scope of the directive, the capital gain on the exchange of the shares — supposing it to be taxable — from being taxed by the State in which the taxpayer was resident at the time of the exchange, when the taxpayer, at the time the shares received on that exchange are transferred (at which time the capital gain on the exchange is actually taxed), has moved his residence for tax purposes to another Member State? |
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2.

Must Article 8 of Directive [90/434/EEC] be interpreted as meaning that it prohibits, in the event of an exchange of shares falling within the scope of the directive, the capital gain on the exchange of the shares — supposing it to be taxable — from being taxed by the State in which the taxpayer was resident at the time of the exchange, when the taxpayer, at the time the shares received on that exchange are transferred (at which time the capital gain on the exchange is actually taxed), has moved his residence for tax purposes to another Member State?

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(1)  Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States (OJ 1990 L 225, p. 1).

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