French Constitutional Court Strikes Down 75% Millionaire Tax, Finds It ‘Unfair’

French Constitutional Court Strikes Down 75% Millionaire Tax, Finds It “Unfair” (ZeroHedge, Dec 29, 2012):

In a crushing blow to socialism, wealth redistribution and purveyors of the “fairness doctrine” (as defined here first) everywhere, the French Constitutional Council ruled on Saturday that Hollande’s brilliant idea to tax millionaires at a 75% tax rate – a move which has since seen numerous millionaires leave France and move to Belgium – is unconstitutional. Per Reuters, the Council ruled that the planned 75 percent tax on annual income above 1 million euros ($1.32 million) – a flagship measure of Hollande’s election campaign – was unfair in the way it would be applied to different households. Which is ironic because just like in the US, so in France, the selective wealth redistribution campaign waged by the government against the “rich” (which have yet to be properly defined: those making over $250K? Over $400K? Over €1MM?) was based on the premise that it is only “fair” that the rich contribute more. Turns out fairness in the eye of the government beholder, was unfair. But the move begs the question: would the court have struck down the law had it been a merely 50% tax hike? And if the income cut off was, say, €500,000? The far bigger question is, and has been in this year of encroaching socialism, just what is the definition of “rich”, what is the definition of “fair redistribution”, and where do the two coincide. Finally, how soon until the US Supreme Court weighs in as well on any final Fiscal Cliff tax hike proposal which, like in France, will see the “rich” pay an abnormal share, and will that too be ruled unconstitutional?

From Reuters:

While the tax plan was largely symbolic and would only have affected a few thousand people, it has infuriated high earners in France, prompting some such as actor Gerard Depardieu to flee abroad. The message it sent also shocked entrepreneurs and foreign investors, who accuse Hollande of being anti-business.

Finance Minister Pierre Moscovici said the rejection of the 75 percent tax and other minor measures could cut up to 500 million euros in forecast tax revenues but would not hurt efforts to slash the public deficit to below a European Union ceiling of 3 percent of economic output next year.

“The rejected measures represent 300 to 500 million euros. Our deficit-cutting path will not be affected,” Moscovici told BFM television. He too said the government would resubmit a proposal to raise taxes on high incomes in 2013 and 2014.

The Council, made up of nine judges and three former presidents, is concerned the tax would hit a married couple where one partner earned above a million euros but it would not affect a couple where each earned just under a million euros.

UMP member Gilles Carrez, chairman of the National Assembly’s finance commission, told BFM television, however, that the Council’s so-called wise men also felt the 75 percent tax was excessive and too much based on ideology.

Ideological issues aside, the Hollande tax hike was supposed to provide cover for even more French government spending – remember: under socialism the government believes it knows how to spend the money best… and most. That this tax hike rejection happened even as France was increasingly under the microscope of various entities warning that the French budget is unsustainable, will only exacerbate fears that the government will drift even more into the red.

Which then begs the question: once the SNB stops recycling the EURs it buys into French sovereign bonds, the only driver of low French yields in the past 2 quarters, how will France preserve the Ponzi-offset illusion that rampant socialism is not on the radar screens of bond vigilantees everywhere.

And will 2013 finally be the year in which the focus finally shifts from the European bailout addicts to the European enablers, who are just as insolvent but who have been using the distraction of the PIIGS quite effectively for the 3rd year running?

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The good news: Obelix can finally return to Gaul.

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