French General Tax Code
In force1. The taxable amount is made up of:
a. For supplies of goods, services and intra-Community acquisitions, by all sums, values, goods or services received or to be received by the supplier or service provider as consideration for these transactions, from the purchaser, the customer or a third party, including subsidies directly linked to the price of these transactions;
a bis. Without prejudice to the application of a, the taxable amount of the supply of goods or services carried out in connection with a multi-purpose voucher is equal to the consideration paid in exchange for the voucher or, in the absence of information on this consideration, to the monetary value indicated on the multi-purpose voucher or in the corresponding documentation, less the amount of value added tax relating to the goods supplied or the services provided;
b. For the following transactions, by the total amount of the transaction:
Transactions carried out by an intermediary referred to in V of Article 256 and in III of l'article 256 bis ;
Operations carried out by persons established in France who act as intermediaries in the supply of goods or the performance of services by taxpayers who have not established in the European Union the seat of their business, a fixed establishment, their domicile or their habitual residence;
b bis. (Repealed);
b ter. For the transactions referred to in e of 1° of Article 261 C which have been the subject of the option provided for in Article 260 B, by the amount of profits and other remuneration;
c. For self-supplies and intra-Community acquisitions referred to in 2° of II of article 256 bis:
where goods are concerned, by the purchase price of these goods or of similar goods or, in the absence of a purchase price, by the cost price, determined in the place and at the time when the tax becomes chargeable;
where services are concerned, by the expenses incurred for their performance;
d. In the case of purchases, by the purchase price plus any tax payable on the goods;
e. For the single supply of services referred to in III of article 257 ter, by the difference between the total price paid by the customer and the actual price charged to the agency or organiser by transport contractors, hoteliers, restaurateurs, entertainment contractors and other taxable persons who physically perform the services used by the customer;
f. For building work, by the amount of the contracts, briefs or invoices;
f bis. For services performed by a fiduciary, by the remuneration paid by the settlor or deducted from the revenue from the exploitation of the rights and property of the fiduciary estate;
g. (Repealed);
h. (Repealed with effect from 1 January 2001).
Decrees may set minimum or flat-rate tax bases for taxable purchases.
1 bis. Where the items used to determine the tax base are expressed in a currency other than the euro, the exchange rate to be applied is that of the latest rate published by the European Central Bank, on the day on which the tax provided for in article 269.2 is due.
1 ter a. (Repealed).
b. (provisions no longer applicable).
2. With regard to the transactions mentioned in I of Article 257, value added tax is based:
a. In the case of self-supply, on the total cost price of the buildings, including the cost of the land or its contribution value;
b. For transfers for valuable consideration or contributions to a company on:
The price of the transfer, the amount of the compensation or the value of the company rights remunerating the contribution, plus any additional charges;
The actual market value of the property, established under the conditions set out in the article L17 of the tax procedures book, if this market value is higher than the price, the amount of the compensation or the value of the corporate rights, increased by the charges.
b bis (Repealed).
3 (provisions no longer applicable).
4 (Repealed).
5. Where the construction lease is subject to value added tax, the taxable amount is the value of the right to repossess the buildings that are to revert to the lessor, disregarding, where applicable, the repossession indemnity stipulated in favour of the lessee and the amount of the rental payments, which are otherwise taxed under the conditions set out in a of 1.
6. With regard to the self-supply of real estate works referred to in 1° of 3 of I of article 257, value added tax is based on the total cost price of the works.
7. (Repealed).
