Chapter 1: Obligations of taxpayers

Articles in this section · 9

Article 1649 AG

French General Tax CodeIn force

Updated 7 Nov 2023

a) The day after the day on which the cross-border scheme that is subject to a declaration is made available for implementation;

b) The day after the day on which the cross-border scheme that is subject to a declaration is ready for implementation;

c) The day on which the first stage of the implementation of the cross-border scheme is completed ;

2° Notwithstanding the provisions of 1° of this I, the intermediaries mentioned in the second paragraph of 1° of I of Article 1649 AE are required to file the declaration provided for in Article 1649 AD within thirty days from the day after the day on which they provided, directly or through the intermediary of other persons, help, assistance or advice;

3° (Repealed)

4° The intermediary shall also communicate every three months an update of the information specified by decree relating to devices designed, marketed, ready to be implemented or made available for implementation without needing to be substantially adapted. The procedures for this update are specified by decree.

II.-1° The taxpayer concerned who is responsible for the declaration obligation provided for in Article 1649 AD shall make the declaration within thirty days of the earliest of the following dates:

a) The day after the day on which the cross-border device to be declared is made available for use;

b) The day after the day on which the cross-border device to be declared is ready for use;

c) From the day of completion of the first stage in the implementation of the cross-border device;

2° Notwithstanding the provisions of 1° of this II, where the taxpayer concerned has received notification of its reporting obligation pursuant to 4° of I, it shall submit the declaration within thirty days from the day of receipt of this notification.

Each taxpayer concerned by a cross-border scheme that must be declared declares each year the use made of it in respect of the previous year in accordance with the procedures laid down by an order of the Minister responsible for the budget.

III.-.For the application of the provisions of I and II, the first stage of implementation refers to any legal act or economic, accounting or tax election operation with a view to implementing the cross-border scheme.

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