Joined Cases C-662/18 and C-672/18: Judgment of the Court (Eighth Chamber) of 18 September 2019 (requests for a preliminary ruling from the Conseil d’État — France) — AQ (C-662/18), DN (C-672/18) v Ministre de l’Action and des Comptes publics (References for a preliminary ruling — Direct taxation — Directive 90/434/EEC — Directive 2009/133/EC — Article 8 — Capital gains relating to exchange of securities transactions — Transfer of securities received at the time of the exchange — Capital gain on which tax has been deferred — Taxation of the shareholders — Taxation on the basis of different bases of assessment and rate rules — Reductions of the basis of assessment taking into account the period for which securities have been held)
Date: 2019-09-18
Institutions: Court of Justice
Subjects: basis of tax assessment, capital gains tax, securities, tax law, tax relief








C_2019399EN.01001802.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/18






Judgment of the Court (Eighth Chamber) of 18 September 2019 (requests for a preliminary ruling from the Conseil d’État — France) — AQ (C-662/18), DN (C-672/18) v Ministre de l’Action and des Comptes publics
(Joined Cases C-662/18 and C-672/18) (1)

(References for a preliminary ruling - Direct taxation - Directive 90/434/EEC - Directive 2009/133/EC - Article 8 - Capital gains relating to exchange of securities transactions - Transfer of securities received at the time of the exchange - Capital gain on which tax has been deferred - Taxation of the shareholders - Taxation on the basis of different bases of assessment and rate rules - Reductions of the basis of assessment taking into account the period for which securities have been held)
(2019/C 399/21)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicants: AQ (C-662/18), DN (C-672/18)

Defendant: Ministre de l’Action and des Comptes publics

Operative part of the judgment

Article 8(1) and (6) of Council Directive 2009/133/EC of 19 October 2009 on the common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States and to the transfer of the registered office of an SE or SCE between Member States and Article 8(1) and the second subparagraph of Article 8(2) of 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 must be interpreted as meaning that, in the context of an exchange of securities, they require the application, to the capital gain relating to the securities exchanged and deferred for taxation and to the capital gain resulting from the transfer of the securities received in exchange, of the same tax treatment, in the light of the tax rate and the application of a tax allowance to take account of the length of time the securities were held, as that which would have been applied to the capital gain which would have been realised on the transfer of the securities existing before the exchange if the exchange had not taken place.


(1)  OJ C 4, 7.1.2019.

OJ C 25, 21.1.2019.