2026 FINANCE ACT: OVERVIEW OF THE MAIN MEASURES
Following a referral by the Government and several parliamentary groups, the Constitutional Council yesterday issued its decision N° 2026-901 DC concerning the Finance Act for 2026 (the “FA 2026”), which had been definitively adopted by Parliament on 2 February following the rejection of the two motions of no confidence tabled after the use of Article 49.3 on the entire text.
The Constitutional Council has validated the bulk of the tax measures, with the exception of a few rare provisions: this is notably the case for Article 124 of the draft law, the principles of which we have nevertheless outlined below.
It is worth noting that, regarding the provisions relating to the tax on holding companies, the Dutreil Pact and the contribution-transfer mechanism, the Constitutional Council limited itself to validating the conformity of the adoption procedure, since no specific grounds for unconstitutionality emerged from the parliamentary proceedings and no complaints were levelled against these provisions. These provisions may therefore be subject to subsequent challenges through priority preliminary rulings on constitutionality (QPC).