Currently, French legislation concerning taxation on the sale of precious metals allows taxpayers resident in France to choose between two tax options.
The first option is to pay tax on the amount of capital gains realised at the progressive personal income tax rate, in accordance with the standard rules. The second is to pay a flat-rate tax of 16% on the total amount of the sale. Non-residents, however, are obliged to pay the flat-rate tax. In certain cases this can lead to higher taxation, particularly when no capital gain is realised. A distinction of this nature constitutes an unwarranted restriction on the free movement of capital as laid down by Article 63 of the Treaty on the Functioning of the European Union (TFEU) and Article 40 of the Agreement on the European Economic Area (EEA).