The December 28 decision by the French constitutional court, the Conseil
Constitutionnel, that President François Hollande’s showpiece 75 per
cent income tax for high earners is unfair and therefore
unconstitutional may look like a severe political setback, but when
examined more closely turns out not to be quite that. The court rejected
the tax, which would have affected all with an annual income above €one
million, because French income tax is levied on households and not
individuals, so it would not apply, for example, to a couple each of
whom earns €900,000 but would apply to any individual earning a million
euros or more. Only about 1,500 people would have had to pay the new
rate, which was due to take effect today and was expected to raise €500
million in a crucial contribution to Mr. Hollande’s plans to reduce the
budget deficit to 3 per cent of GDP by 2014. One high-profile opponent
is actor Gérard Depardieu, who says he now plans to move to Belgium,
apparently for tax reasons, and has responded to Prime Minister
Jean-Marc Ayrault’s criticism of his move as “shabby” with an angry open
letter claiming that the Socialist government is punishing success and
talent.
Mr. Depardieu’s position has, however, been criticised by, for example,
the award-winning actor Philippe Torreton, who says that the move
amounts to leaving the French boat in the middle of a storm.
Unemployment, at 3 million, is at a 15-year high and has crossed 10 per
cent after rising for 16 months in succession; the French central bank
estimates an economic shrinkage of 0.1 per cent in the third quarter of
2012. Much of the public argument among artists and other celebrities is
focused on the division between those who see paying the higher rate as
a patriotic duty and those who consider it an unfair imposition, but
the court decision itself has been made by a largely
conservative-appointed court, which also includes three former
presidents ex officio, all of whom are also conservatives. That
fact will add fuel to the political flames, not least because in August
2011, 16 of France’s wealthiest people, including the L’Oréal heiress
Liliane Bettencourt and several major chief executives, published an
open letter in the magazine Le Nouvel Observateur calling for
higher taxes on the rich as a matter of national solidarity in a time of
economic crisis. Mr. Hollande and his government plan to revise the tax
proposal and reintroduce it, but whatever the outcome, France is
leading the way by showing that tax rates are about the nature of
society and not just about technical issues.
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