Updated french list of non-cooperative states and territories


The list of non-cooperative States and territories (NCSTs) defined in Article 238-0 A of the French General Tax Code was updated by decree of 3 February 2023, published in the Official Journal of 5 February 2023.

The new French list of NCSTs for 2022 includes 14 States and territories: The British Virgin Islands, Anguilla, Panama, Belize, Vanuatu, Bahamas, Turks and Caicos Islands, Fiji, Guam, the US Virgin Islands, Palau, Belize, American Samoa and Trinidad and Tobago.

Bahamas and Turks and Caicos Islands have been added to the list with effect from 1 May 2023.

The restrictive tax measures applicable to these States and territories depend on the reasons or criteria for classifying them in the list of NCSTs.

The 75% withholding tax on French-source income (dividends, interest) paid in an NCST and the 75% withholding tax on gains from employee shareholding schemes realised by persons resident in an NCST only apply to States and territories whose inclusion on the list is justified either by the fact that they do not allow the exchange of tax information, or by the fact that they facilitate the creation of extra-territorial structures or mechanisms to attract profits that do not reflect real economic activity (the 'reduced' list of NCSTs).