The French tax authority issued a ruling addressing the availability of foreign tax credits (FTCs) in cases where foreign withholding taxes conflict with the provisions of a relevant tax treaty on 18 December 2024.

Under French law, FTCs are only granted for taxes levied in compliance with applicable tax treaties.

Previously, it was common to separate foreign taxes into a “compatible” portion eligible for FTCs and an “incompatible” portion deductible as an expense.

However, the new ruling rejects this bifurcation approach. Instead, if a foreign tax is deemed incompatible with a tax treaty, the FTC is denied entirely, and the full amount of the foreign tax may only be deducted as an expense.