Ia: Business value added tax

Articles in this section · 7

Article 1586 quater

French General Tax CodeIn force

Updated 7 Nov 2023

I. - The rate applied to the added value mentioned in 1 of II of Article 1586 ter is calculated as follows:

a) For companies with a turnover of less than €500,000, the rate is zero;

b) For companies with a turnover of between €500,000 and €3,000,000, the rate is equal to:

0.125% × (amount of turnover-500,000 €)/2,500,000 €;

c) For companies with turnover between 3,000,000 € and 10,000,000 €, the rate is equal to:

0.125% + 0.225% × (amount of turnover-3,000,000 €)/7,000,000 €;

d) For companies with turnover between 10,000,000 € and 50,000,000 €, the rate is equal to:

0.35% + 0.025% × (amount of turnover-€10,000,000)/€40,000,000;

e) For companies with turnover in excess of €50,000,000, to 0.375%.

The rates mentioned in b, c and d are expressed as percentages and rounded to the nearest hundredth.

For the application of this article, turnover means the turnover mentioned in 1 of II of article 1586 ter.

I bis. - When a company, regardless of its income tax regime, the place of establishment, the composition of its capital and the income tax regime of the companies that own it, fulfils the ownership conditions set out in I of Article 223 A for membership of a group, the turnover to be used for the application of I of this article means the sum of its turnover and the turnover of the companies that fulfil the same conditions for membership of the same group.

The first paragraph of this I bis applies even when the companies mentioned in this first paragraph are not members of a group mentioned in Articles 223 A or 223 A bis.

The said first paragraph is not applicable to the companies mentioned in this first paragraph. The said first paragraph is not applicable where the sum of the turnover referred to in the same first paragraph is less than €7,630,000.

II. - Companies with a turnover of less than €2,000,000 benefit from a rebate of €250.

III. - In the event of a contribution, transfer of business or demerger of a company carried out on or after 22 October 2009 or the universal transfer of assets and liabilities referred to in article 1844-5 of the Civil Code carried out on or after 1 January 2010, the turnover to be used for the application of I of this article is equal to the sum of the turnover of the companies involved in the transaction where the entity to which the business is transferred is owned, directly or indirectly, more than 50% either by the transferring or contributing company or by the shareholders of the company being divided together, or by a company that owns, directly or indirectly, more than 50% of the transferring or contributing company or of the companies resulting from the division together, or by a company that is more than 50% owned, directly or indirectly, by the transferring or contributing company or by the shareholders of the company being divided together, as long as the following conditions are simultaneously met:

- the sum of the contributions due minus the reliefs provided for in this article, on the one hand, by the transferring, contributing or demerged company and, on the other hand, by the new operator is less, without application of the first paragraph, by at least 10% than the assessments in respect of the business value added contribution that would have been due by these same companies if the transaction had not been carried out, minus the reliefs provided for in this article ;

- the activity continues to be carried out by the latter companies or by one or more of their subsidiaries;

- the companies in question have similar or complementary activities.

The conditions for exercising the holding of capital provided for in the first paragraph must be met at any time during the six months preceding the date on which the transaction referred to in the first paragraph is carried out.

This III no longer applies from the eighth year following the contribution transaction, transfer of business, demerger of business or universal transfer of assets referred to in Article 1844-5 of the Civil Code in question.

Mariela Petrova

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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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