7: Failure to comply with obligations to declare or pay electronically

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Article 1738

French General Tax CodeIn force

Updated 7 Nov 2023

1. Failure to comply with the obligation to file a tax return and its appendices electronically or to pay tax by bank transfer, electronic settlement or direct debit at the initiative of the Treasury shall result in the application of an increase of 0.2% to the amount of the duties corresponding to the tax returns filed using another method or to the amount of the sums paid using another method of payment. The amount of the increase may not be less than €60.

In the absence of duties, the filing of a declaration or its appendices using a procedure other than that required shall result in the application of a fine of €15 per document, without the total of the fines applicable to the documents that must be filed simultaneously being less than €60 or more than €150.

2. Failure to comply with the obligation to file a declaration of sums paid to a third party using an electronic process will result in the application of a fine of €15 per beneficiary of these sums.

3. Failure to comply with the prohibition on paying tax by bank transfer will result in a surcharge of 0.2% of the amount of the sums paid by this method of payment. The amount of the surcharge may not be less than €60. This surcharge does not apply to sums already surcharged under 1.

4. Notwithstanding 1, failure to comply with article 1649 quater B quinquies entails the application of a fixed fine of €15 per declaration or schedule from the second year during which a failure is noted.

5. By way of derogation from 1, the amount of the increase provided for in the same 1, when it penalises non-compliance with 2 of Article 1681 sexies, may not be less than €15. (1)

Individual taxpayers who reside in areas where no mobile service is available are exempt from the obligation to file their income tax returns electronically and to pay their taxes electronically until 31 December 2024.

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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