Budget: the Constitutional Council censors tax advantages for international sports federations

The Constitutional Council censored, on Thursday, the provisions of the 2024 budget intended to attract international sports federations like Fifa to France, judging that they ignored “the principle of equality” when it comes to taxes.

Carried by the Renaissance deputy Mathieu Lefèvre, the amendment rebutted by the Sages intended to exempt international sports federations from corporate tax and several contributions (CFE, CVAE) for “their missions of governing sport or promoting practice of sport”, recall the Sages in a press release.

This amendment also provided for an income tax exemption for employees of international sports federations domiciled in France for five years. If the amendment never mentioned the International Football Federation (Fifa) by name, it is indeed the main body which seemed concerned by this system.

But by wishing to grant these tax advantages “for the sole reason” that an international sports federation was “recognized by the International Olympic Committee” (IOC), “the legislator did not base its assessment on objective and rational criteria based on the goal that he set for himself,” the Sages decide. “Consequently, the Constitutional Council censures Article 31 of the referred law as violating the principle of equality before public offices,” complicating a return of Fifa headquarters to Paris.

Fifa established in Switzerland since 1932

Created in the French capital in 1904, Fifa moved to Zurich in 1932 and has located its main headquarters there since 2007. In their press release, the Sages also considered that the allocation of regulated savings (Livret A, LDDS…) to the financing of the defense industry had no place in a finance law, without however excluding the adoption of such a measure in another text.

Eleven other “legislative riders” – provisions not relating to finance laws – were challenged by the Constitutional Council. Among these is article 208 of the budget “concerning the securing of the extraction of waste from the potash mines of Alsace and article 233 relating to the creation of education support centers. »

“The censorship of these various provisions does not prejudge the conformity of their content with other constitutional requirements. It is open to the legislator, if he deems it useful, to adopt such measures again” by a vector other than a finance law, conclude the Sages.

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