b: Insufficient declaration

Articles in this section · 2

Article 1729-0 A

French General Tax CodeIn force

Updated 7 Nov 2023

I. - A surcharge of 80% shall apply to the duties due in the event of a rectification due to:

a) Sums appearing or having appeared on one or more accounts that should have been declared pursuant to the second paragraph of Article 1649 A.

The amount of this increase may not be less than the amount of the fine provided for in 2 of IV of Article 1736 ;

b) Amounts appearing or having appeared in one or more capitalisation contracts or investments of the same kind which should have been declared pursuant to Article 1649 AA.

The amount of this increase may not be less than the amount of the fine provided for in Article 1766 ;

c) The assets mentioned in 1° and 2° of III of Article 990 J which should have been declared pursuant to Article 1649 AB.

The amount of this increase may not be less than the amount of the fine provided for in IV bis of article 1736.

II. - The application of the increase provided for in I excludes that of the increases provided for in articles 1728, 1729 and 1758 on account of the same duties, as well as the application of the fines provided for in 2 of IV or IV bis of article 1736 or article 1766.

III. - The increase provided for in I does not apply to duties due pursuant to Article 755.

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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