Guy GEST - Professor (université Paris 2 Panthéon-Assas)
Arnaud DE BISSY - Professor (université Toulouse 1)
Olivier DEBAT - Professor (université de La Rochelle)
Gauthier BLANLUET - Professor (université Paris 2 Panthéon-Assas)
Daniel GUTMANN - Professor (université de Paris 1)
Since the tax reforms of 20th century, the alignment of tax law on private law and accounting gradually became the imperative principle under French law. Concerning business taxation, the principle of book and tax conformity has been established based on scattered provisions, the case law, the majority of tax scholars and the pragmatism of the tax authorities; but specially in the name of the operating unity of the law matching with the tax values such simplicity, legal certainty, taxation in accordance with ability to pay. With regard to the main business taxes, the book tax conformity has very wide reach which is both material and formal. Facing the worldwide adoption of the IASB accounting standards and the harmonization of the direct tax on businesses within the European Union, the French law, despite tension, chose the preservation of the book tax conformity in the process of the convergence of the General accounting plan toward the IAS-IFRS without the account of the optimal tax policy that must aim at broadening the tax base with rates reduction and the reduction of tax conformity costs at least within the EU.
In the light of theses canons, legal logic, the example of the US law, the potentialities of a disconnection must be explored namely the current EU project of CCCTB, backed by France, based on a broad and autonomous tax base; a fiscal balance sheet election; the reduction of transversal tax concepts.