Login or register (free and only takes a few minutes) to participate in this question.
You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.
French to English translations [PRO] Bus/Financial - Law: Taxation & Customs / Loi Bouvard
French term or phrase:remise en cause
The text relates to the "Loi Bouvard" tax incentive for investment in real estate.
It refers to conditions according to which the tax relief may be "remis en cause".
I am looking for the correct English equivalent of "remise en cause" in this context.
"Modalités de remise en cause
Les modalités de remise en cause du régime diffèrent selon que celle-ci a pour origine le non-respect des conditions initiales d'application du dispositif ou le non-respect de ces conditions au cours de la période d’engagement de location".
[...]
"Cette remise en cause intervient dans le délai normal de reprise, au plus tard avant le 31/12 de la 3ème année de la survenance de l’évènement entraînant la déchéance de la réduction d'impôt".
I had been translating this as "reconsideration", but am now thinking that "repayment" might be nearer the mark.
Any thoughts?
I went back to this in the end, following my discussions with Nikki - shame that points cannot be awarded to other contributors too! 2 KudoZ points were awarded for this answer
Actually, it is the "modalités" that put me onto the "repayment" track, i.e. what would have to be paid back to the taxman and how, once it had been decided that the taxpayer wasn't entitled to tax relief that had already been deducted.
Thank you for the context. I find this to be an odd use of "modalités". I may be misreading this but the content does not say "how" something is to happen which would be the normal use of modality. The content is about the basis of entitlement. Either I'm going crazy of the person who drafted this piece got over zealous with the use of "modailty".
Given the nature of the text, I am not sure that you can take issue with the draftsman! You might be stuck with "modality" and have to recover the meaning in the second bit.
"Modality of the basis of entitlement"??? which sounds dreadful. You could drop the "modality" altogether and the cringe factor would drop!
David,
What I mean "remettre en cause" implies that an existing situation is to change. The subheading is describing the modalites of what is to be considered, not of how to give effect to the change. To that extent, a "remise en cause" comes before any reimbursement. In other words, on what basis might we consider entitlement to reimbursement : does the person qualify? Only then can you reimburse. Thus "consideration" comes into it for me, as with Cécile's reading. A matter has to be considered before a decision flowing form it can be applied : cf. "modalités d'application". "Modalités"appear thoughout this document, 20 times in fact. What is odd here is that 'modality' suggests something operational, an application of some rule to make something happen or come about.
Section 1 lists the specific situations giving rise to a "remise en cause" along with their exceptions ; section 2 (modalités) indicates what has to have occurred in each situation in order for there to be an entitlement to reimbursement.
Do you read it this way too now?
You can find the passage in question on page 35 ("Fiche 7 - Remise en cause" begins on p.32).
Having slept on it, I may well be jumping the gun with "repayment" (incidentally, I understand "reprise" to mean "recovery" of the tax relief to which one was not entitled).
I'm not sure what you mean by "Only once entitlement has been determined following a "remise en cause" may any repayment be considered." The "remise en cause" appears to indicate a scenario where entitlement is challenged or even dismissed and, as a result, the tax relief that has been erroneously claimed has to be paid back.
More context is helpful. Maybe it's me, but I still feel a piece of the jigsaw is missing. Questions that come to mind :
What is the meaning of "reprise" here?
What is the heading and the nature of the content of the section which precedes the one you have posted here?
The problem with rendering "remise en cause" by "repayment" is that this is more about entitlement. Only once entitlement has been determined following a "remise en cause" may any repayment be considered. As I understand this at the moment, this would be a mistranslation. It looks to me like it is one head upstream of any possible repayment..
As I suspect AllegroTrans has got hold of the wrong end of the stick, perhaps I ought to provide a little more context.
Basically, the text is saying that tax relief is "remis en cause" if the initial entitlement conditions are not met, or if something occurs during the lease period that results in these conditions not being met.
Where I have placed [...] above, there is a table that gives the "modalités de remise en cause de la réduction d'impôt" in each of the cases I have just outlined. This refers to an increase in the income tax owed by the amount of tax relief obtained.
Also the section already quoted ("Cette remise en cause intervient dans le délai normal de reprise") seems to indicate that the tax relief has to be paid back.
The more I look at this, the more I'm convinced that this is about "repayment" and am really looking for confirmation by the experts out there as I've not come across this meaning of "remise en cause" before.
Automatic update in 00:
Answers
37 mins confidence:
re-applied
Explanation: .
AllegroTrans United Kingdom Local time: 19:38 Specializes in field Native speaker of: English PRO pts in category: 40
Notes to answerer
Asker: Can you please provide some evidence as I don't think this is the case here? I've provided some further information above.
cecilea7 Local time: 14:38 Specializes in field Native speaker of: Portuguese, French PRO pts in category: 2
Grading comment
I went back to this in the end, following my discussions with Nikki - shame that points cannot be awarded to other contributors too!
Notes to answerer
Asker: To me, "reconsideration" suggests that the entitlement to tax relief may be continued once the matter has been reassessed whereas, in this case, the entitlement ceases.
HM Revenue & Customs (HMRC) will ask customers who have been paid too much tax credits to pay back the extra money. A customer can challenge the overpayment by appealing or disputing.
Deirdre Brophy Works in field Native speaker of: English