Section VII: Obligations of legal persons

Articles in this section · 10

Article 223 quinquies B

French General Tax CodeIn force

Updated 8 Nov 2023

I. - Legal entities established in France:

1° Whose annual turnover excluding tax or gross assets shown on the balance sheet is greater than or equal to 50 million euros;

2° Or holding at the close of the financial year, directly or indirectly, more than half of the capital or voting rights of a legal entity (legal person, body, trust or comparable institution established or set up in France or outside France) meeting one of the conditions mentioned in 1°;

3° Or of which more than half of the capital or voting rights are held at the end of the financial year, directly or indirectly, by a legal entity satisfying one of the conditions mentioned in 1°;

4° Or belonging to a group covered by the tax regime provided for in Article 223 A or article 223 A bis where this group includes at least one legal entity satisfying one of the conditions mentioned in 1° to 3° of this I,

submit a declaration, by electronic means, within six months of the deadline stipulated in 1 of Article 223.

I bis. - The declaration shall include the following information:

1° General information on the group of associated companies:

a) A general description of the business carried on, including any changes during the financial year;

b) A list of the main intangible assets held, in particular patents, trademarks, trade names and know-how, in relation to the reporting enterprise and the State or territory in which the enterprise owning these assets is located;

c) A general description of the group's transfer pricing policy and any changes during the financial year;

2° Specific information concerning the enterprise:

a) A description of the activity deployed, including changes during the financial year;

b) A summary statement of transactions with other associated undertakings, where the aggregate amount by nature of transaction exceeds €100,000. This statement indicates the nature and amount of the transactions, as well as the States and territories in which the associated undertakings are located;

c) A presentation of the method or methods used to determine transfer prices in accordance with the arm's length principle, indicating the main method used and any changes made during the financial year.

II. - The declaration is submitted, on behalf of legal entities belonging to a group referred to in Article 223 A or Article 223 A bis, by their parent company.

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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