C: Professional premises

Articles in this section · 2

Article 1498

French General Tax CodeIn force

Updated 7 Nov 2023

I. - The rental value of each built property or fraction of a built property, other than premises mentioned in I of article 1496, industrial establishments mentioned in article 1499 and premises whose rental value is determined under the specific conditions provided for in article 1501, is determined in accordance with the procedures set out in II or III of this article.

The properties mentioned in the first paragraph are classified into sub-groups, defined according to their nature and purpose. Within a sub-group, they are classified by category, according to their use, their physical characteristics, their location and their consistency. The sub-groups and categories of premises are determined by decree in the Conseil d'Etat.

II. - A. - The rental value of each built property or fraction of a built property referred to in I is determined on the basis of the state of the rental market on the reference date of 1 January 2013, subject to the update provided for in III of article 1518 ter.

It is obtained by applying a rate per square metre determined in accordance with 2 of B of this II to the weighted surface area of the premises defined in C of this II.

B. - 1 In each department, one or more assessment sectors are created, grouping together the communes or cadastral sections of communes which, within the department, present a homogenous rental market.

For the application of this 1:

1° The territory of the Lyon metropolitan area is, together with the territory of the Rhône department, assimilated to the territory of a department;

2° The territory of the City of Paris is assimilated to the territory of a department.

2. Rates per square metre are determined on the basis of average rents recorded in each assessment sector by property category.

Failing this, where rents are in short supply or cannot be retained, these rates shall be determined by comparison with the rates set for other categories of premises in the same sub-group in the same assessment area.

In the absence of sufficient evidence or evidence that can be retained within the same assessment sector, these rates are determined by comparison with those applied for properties of the same category or, failing that, of the same sub-group in assessment sectors with similar rent levels, in the department or in another department.

Rates per square metre may be increased by 1,1,1,15,1,2 or 1,3 or reduced by 0,7,0,8,0,85 or 0,9, by applying a location coefficient designed to take account of the particular situation of the parcel on which the property is based within the assessment sector.

C. - The weighted surface area of a premises is obtained from the surface area of its various parts, reduced, where applicable, by coefficients set by decree, to take account of their use and their respective physical characteristics.

III. - A. - The rental value of properties or parts of properties with exceptional characteristics is determined by applying a rate of 8% to the market value of the property or part of the property, as it would be if it were free of any tenancy or occupation on the reference date defined in B of this III.

Failing this, the market value of the property or fraction of a property is determined by adding the reconstruction value of the property on the reference date to the market value of the land, estimated on the reference date by comparison with the value resulting from transactions relating to building land located in a comparable area.

The rental value mentioned in the first paragraph of this A is reduced by half to take into account the impact of the allocation of the property or part of the property, in whole or in part, to a public service or a service of general interest.

B. - The rental value of the properties and fractions of properties mentioned in A of this III is, subject to the update provided for in the second paragraph of IV of Article 1518 ter, determined on 1 January 2013 or, for those created after 1 January 2017, on 1 January of the year of their creation.

Mariela Petrova

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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

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

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