D: Tax base

Articles in this section · 12

Article 1388 ter

French General Tax CodeIn force

Updated 7 Nov 2023

I. - In the départements of Guadeloupe, French Guiana, Martinique, Mayotte and Réunion and unless otherwise decided by the communes or groupings with their own tax system, under the conditions set out in the article 1639 A bis, the basis of assessment for property tax on built properties for rental accommodation mentioned in article L. 441-1 of the Construction and Housing Code, belonging to semi-public bodies or companies cited in articles L. 411-2, L. 472-1-1 and L. 481-1 of the same code, is subject to a 30% allowance when these dwellings are the subject of improvement work, with financial assistance from the State pursuant to 3° of article L. 301-2 of the same code, with the aim of protecting them from the foreseeable natural risks listed in I of article L. 562-1 of the Environment Code.

The abatement is applicable for taxes drawn up in respect of the five years following that of the completion of the work, which must take place no later than 31 December 2021.

The nature of the work giving entitlement to the allowance and its compliance with the provisions of the first paragraph are set by joint order of the Minister for Overseas France, the Minister for Housing and the Minister for the Budget.

II. - In order to benefit from the allowance provided for in I, the organisations or companies concerned must send the tax department where the property is located, before 1st January of the year following the year in which the work was completed, a declaration in accordance with the model drawn up by the administration, including all the information required to identify the property. This declaration must be accompanied by documents proving that the grant has been awarded and paid by the State and that the work has been carried out. Where the declaration is submitted after the deadline, the allowance applies for the period remaining after 31 December of the year in which it was submitted.

The benefit of the allowance provided by article 1388 bis cannot be combined for the same period with the allowance provided for in this article.

When the conditions required to benefit from the allowance provided for in article 1388 bis and those provided for in this article are met, the organisation or company must opt for one or other of these schemes before 1 January of the first year in respect of which the allowance chosen takes effect.

However, the benefit of the provisions of this article is granted on expiry of the period of application of the allowance provided for by article 1388 bis, less the number of years in respect of which this allowance was applied.

Mariela Petrova

Need help applying this article to your situation?

A registered French Lawyer explains what applies to your business — in English, fixed fee.

within 48h

Fixed Fee

Talk to a lawyer
Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

Ready When You Are

Talk To A Corporate
Lawyer In France.

A 20–30 minute call, in English, to scope the engagement. No obligation, no preliminary fee. You will leave the call with a clear view of what the work will cover and what it will cost.

First EngagementFixed Fee

Talk to a French lawyer.

Reply within 24 hours.

Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

Continue Reading

Related corporate services in France

01 / Setup

Setting up a French company

Choose between SAS, SARL, SA or SCI — and structure your first French entity around how you actually plan to operate.

Read More
02 / Operating

French commercial contracts

Distribution, agency, supply, services and IP licences — drafted around the protections French law actually gives.

Read More
03 / Disputes

Business disputes & litigation

Shareholder conflicts, commercial breaches and pre-litigation strategy — handled by the same team that knows the file.

Read More