FRADECO — home
Tax 2 min read

VAT on company cars in France: deduction is possible again

Passenger cars have historically been excluded from VAT deduction in France. A ruling published on 30 April 2025 opens a breach in that rule, and a wide one. Everything turns on a single point: whether there is consideration.

What the Court held

The judgment of the Court of Justice of the European Union of 20 January 2021, case C-288/19, draws a line between two situations.

A car made available to an employee free of charge, without real consideration, is not a taxable supply. The fact that a benefit in kind arises does not change that.

But as soon as explicit consideration exists, a direct payment or a salary reduction stipulated in the contract, making the car available becomes a letting. It is then subject to VAT, located in the employee’s state of residence.

What the authorities draw from it

Ruling ACTU-2024-00164, published on 30 April 2025, confirms that the employer owes the VAT where the car is provided for consideration.

It goes further. VAT on the purchase, lease, maintenance and repair of the car becomes fully deductible, provided the car is allocated from the outset to a letting activity towards an employee.

The treatment turns on the consideration
Car made available VAT owed by the employer Right to deduct
without real consideration no historic exclusion
with explicit consideration yes, in the employee’s state of residence full deduction on purchase, lease, maintenance and repair

What this changes in practice

A business that provides cars for consideration can recover the VAT on them. And where deductions have been omitted, a correction for past periods comes into range.

The starting point is not the car but the contract. The question to settle is whether identifiable consideration exists and whether it is in writing. Then comes the fleet policy, and then the knock-on effects: employment law, payroll, direct tax. None of the three can be sorted out afterwards. See tax advisory

Valuing the benefit in kind follows different rules, and those changed on 1 February 2025. The valuation rates

Sources: CJEU, 20 January 2021, case C-288/19; ruling ACTU-2024-00164 of 30 April 2025.

The next step

Is your situation different?
Let’s talk it through.

An article sets out the rule. Whether and how it applies to your French company is a question for a conversation — in French, German or English.

FRADECO SAS · Paris
50, Rue Chapon · 75003 Paris
+33 1 40 09 13 77
FRADECO GmbH · Bonn
Simrockstr. 92 · 53619 Rheinbreitbach
+49 2224 123 14 83