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CMS

2 RUE ANCELLE, 92522 NEUILLY-SUR-SEINE, FRANCE
Tel:
Work +33 1 47 38 55 00
Web:
www.cms.law/fl
Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing and 70 more
CMS, Richard Foissac, Paris, FRANCE

Lawyer rankings

Richard Foissac

Tel:
Work +33 1 47 38 55 00
Email:
CMS

Work Department

Taxation

Position

Partner in Tax.  He intervenes particularly in real estate taxation, wealth taxation, corporate taxation and is especially recognized for his expertise in tax litigation 

Career

He joined CMS Francis Lefebvre Avocats in 1988. He was co-opted as partner in 1998. Lecturer at the University of Paris I. Tax law tutor at the faculty of law and economic sciences of Nice Sophia Antipolis.

Languages

French, English.

Member

Member of the IACF (Institute of tax lawyers) and ACE (French association of corporate legal advisors).

Education

D.E.S.S. (French degree in advanced specialized studies) in corporate law and tax D.J.C.E. (degree in corporate legal advice) Montpellier (1985).


France

Tax

Within: Tax

CMS stands out for its comprehensive range of expertise and is able to deal with any tax issue. The firm represents an impressive client base made up of the largest French and international corporations and recently advised on some of the market's most prestigious M&A transactions such as assisting Airbus with the creation of Airbus Safran Launchers, and Foncière de Paris with the tender offer initiated by Eurosic. Litigation is another practice staple and landmark victories were recently obtained. Acting for several French blue-chip companies such as Total, Engie, Vivendi, Danone, Axa, LVMH, Eutelsat, Technip, Suez-Environnement, Sanofi, Orange and Michelin, the practice successfully challenged the 3% taxation on dividends which was declared invalid by the European Court of Justice. It also won a favourable judgment for Vivendi. VAT, transfer pricing, patrimonial tax and real estate taxation are other strong areas of expertise. The team includes several of the market's very best advisers, Stéphane Austry for litigation, Bruno Gibert and Edouard Milhac for international taxation, Richard Foissac for French taxation, Frédéric Gerner for direct taxation and Laurent Chatel for local taxation. Also recently involved in matters were Patrick Danis, Pierre Carcelero, Anne Grousset, Lionel Lenczner, Anne-Sophie Rostaing, Julien Saïac and Jean-Christophe Sauzey. Annabelle Bailleul-Mirabaud, Ludovic Duguet and Thomas Laumière made partner.

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Legal Developments by:
CMS

  • Access to justice: protective costs orders in planning challenges

    Third parties and competing developers have no rights of appeal to the Secretary of State against planning decisions. Disappointed applicants can appeal to the Secretary of State and can have the merits of the application reconsidered. The only remedy available to a disappointed third party is a challenge by way of judicial review in the High Court on a point of law. The sense of frustration and disempowerment this creates has not been helped by the increasing complexity of the planning process and the use of consultation to legitimise decisions that many perceive may already have been taken.
    - CMS Group

Legal Developments in France

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  • The new French regulation applying to national insurance contributions for managers and shareholders

    French insurance contributions on executive and shareholder remuneration (pay + dividends) have been substantially increased by the National Insurance Funding for 2013 Act, No. 2012-1404, of 17th December 2012. Until 31st December 2012, all dividends were subject to national insurance contributions on unearned income but henceforth, under Article L136-3 of the National Insurance Code, amended by Act No. 2012-1404, certain dividends   are considered as pay received by executives and shareholders and are therefore subject to the national insurance contributions on pay. The Act also abolished the ceiling on health insurance contributions payable by the self-employed and all this means that businesses must rethink the way that they have been structured until now.
  • CHINA - PERSONAL TAXATION AND SOCIAL SECURITY : CHINESE AND FOREIGN NATIONALS ON AN EQUAL FOOTING

    The People's Republic of China has initiated an overhaul of its social security system, reformed the personal taxation regime and has extended the scope of these laws to foreigners residing in China.
  • MOROCCO TO BECOME THE LEADING FINANCIAL PLACE IN AFRICA

    The Kingdom of Morocco is supporting the ambition of becoming the leading financial place for Africa. In this context, a wave of draft laws is to be passed and implemented within the following months, amongst which, the Law No. 53.08, setting up a new financial authority, and the Law No. 54.08, reforming public offering rules, are of paramount importance to Moroccan and foreign issuers, and financial institutions.
  • ACQUISITIONS IN CHINA : ASSET OR SHARE DEAL?

    The opportunities offered to foreign investors by the Chinese mergers and acquisitions market are increasing every year: in 2010, transactions involving foreign companies came to 60.1 billion euros, an increase of 21.2% compared with 2009. Seen from the West, where markets are declining, all sectors of the Chinese economy seem to be undergoing promising development and the statistics indicate that the Middle Empire will be a lasting springboard for growth.
  • Prime de Partage des Profits

    Le dispositif L’article 1er de la loi de financement rectificative de la Sécurité sociale pour 2011 oblige les sociétés commerciales de 50 salariés et plus, dont les dividendes par part sociale ou par action sont en augmentation par rapport à la moyenne des deux années précédentes, à verser une prime à l’ensemble de leurs salariés
  • BULGARIA MARKET OVERVIEW

    Types of investors The private equity (PE) funds that are active in Bulgaria are not raised or registered in the country. Some Bulgarian PE funds were raised recently, but there are no statistics as to the sources of their funding, their number, the funds that were accumulated, etc.
  • RECENT DEVELOPMENTS REGARDING COMMITMENTS

    THE PROCEDURE IS CLARIFIED, BUT MAY COMMITMENTS APPLY WITHOUT LIMIT?
  • Landmark decision by French Competition Authority in conditioned LPG case

    cartel case closed after discovery that leniency application was largely based on forgeries and rejection of collective dominant position objection.
  • 2012 supplementary budget

    The second supplementary budget published in the Official Gazette September 19, 2011 provides for two key measures that affect the deferral of tax losses and taxation of capital gains realized on the sale of equity securities .
  • Actualité législative fiscale

    Au delà des mesures applicables à l’ensemble des contribuables (telles que la limitation du report des déficits ou la réforme du mode de calcul des plus values sur cessions de participations),le plan de réduction des déficits annoncé le 24 août dernier par le gouvernement comprend des mesures qui intéressent spécifiquement les acteurs du secteur financier.