I: Taxable profits and income

Articles in this section · 23

Article 238 bis AB

French General Tax CodeIn force

Updated 8 Nov 2023

Companies that purchase original works by living artists between 1 January 2002 and 31 December 2025 and include them in a fixed asset account may deduct an amount equal to the purchase price from their profits for the year of acquisition and the following four years, in equal fractions.

The deduction thus made in respect of each year may not exceed the limit mentioned in the first paragraph of 3 of article 238 bis, less the total payments mentioned in the same article.

To benefit from the deduction provided for in the first paragraph, the company must exhibit in a place accessible to the public or to employees, with the exception of their offices, the asset that it has acquired for the period corresponding to the financial year of acquisition and the four following years.

Sums corresponding to the purchase price of musical instruments are also eligible for deduction under the conditions provided for in the first paragraph. To benefit from the deduction, the company must undertake to lend these instruments free of charge to performers who request them.

The company must enter a sum equal to the deduction made in application of the first paragraph in a special reserve account on the liabilities side of the balance sheet. This sum is reintegrated into taxable income in the event of a change of use or disposal of the work or instrument or withdrawal from the reserve account.

The company may set aside a provision for depreciation when the depreciation of the work exceeds the amount of the deductions already made under the first to fourth paragraphs.

Mariela Petrova

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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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