B: Determination of taxable income

Articles in this section · 13

Article 73 E

French General Tax CodeIn force

Updated 8 Nov 2023

I. - Notwithstanding the provisions of Article L. 323-13 of the French Rural and Maritime Fishing Code, the contribution of an asset by a farmer to a Groupement agricole d'exploitation en commun constitutes a transfer within the meaning of 1 of article 38.

II. - Without prejudice to the provisions of the fifth paragraph of 1 of Article 42 septies, of III of Article 73 of the second paragraph of 3 of article 75-0 A, of the penultimate paragraph of l'article 75-0 B, article 151 octies and the second paragraph of I of article 151 octies A and notwithstanding the provisions of article L. 323-13 of the Code rural et de la pêche maritime, in the event of the contribution of a farm to a groupement agricole d'exploitation en commun, the income tax due in respect of the profits made on this farm and which have not yet been taxed is established immediately. Taxpayers must, within sixty days of the contribution, notify the administration and inform it of the date on which it was or will be effective, as well as the name and address of the beneficiary group. Taxpayers are required to send the tax authorities, within the same time limit, a declaration of their profits together with a summary of their profit and loss account. To determine the profit, the system defined in articles 39 duodecies et seq. is applied. If the taxpayers do not produce these declarations or information or if, when asked to provide the necessary evidence in support of the declaration of their profits, they fail to provide it within thirty days of receiving the notice sent to them to this effect, the tax bases are determined automatically.

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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