Section VIII: Income tax deducted at source

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Article 204 C

French General Tax CodeIn force

Updated 8 Nov 2023

The advance payment provided for in 2° of 2 of article 204 A is payable:

A. - Income subject to income tax in the categories of industrial and commercial profits, agricultural profits, non-commercial profits and property income as well as life annuities for valuable consideration;

B. - Notwithstanding article 204 B :

1° Alimony payments, the income mentioned in Article 62, the allowances and pensions mentioned in Article 199 quater, the income mentioned in 1 bis, 1 ter and 1 quater of Article 93 when they are taxed according to the rules laid down for salaries and wages and, when they are paid by a debtor established outside France, foreign source income taxable in France according to the rules applicable to salaries, pensions or life annuities ;

2° French source salaries and wages taxable in France when such income is paid:

a) By a debtor established outside France in a Member State of the European Union or in another State or territory that has concluded with France an administrative assistance agreement to combat tax fraud and evasion and a mutual assistance agreement on recovery with a similar scope to that provided for in Council Directive 2010/24/EU of 16 March 2010 on mutual assistance for the recovery of claims relating to taxes, taxes, duties and other measures, including where such agreement is limited to the recovery of income tax due in respect of such salaries and wages, and which is not an uncooperative State or territory within the meaning of Article 238-0 A of this Code ;

b) To employees who, by application of Article 13 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, are not dependent, for the periods in respect of which this income is paid, on a compulsory French social security scheme or to employees who are dependent on a compulsory French social security scheme by application of I of Article L. 380-3-1 of the Social Security Code.

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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