Section V: Exempt assets

Articles in this section · 1

Article 976

French General Tax CodeIn force

Updated 7 Nov 2023

I.-Properties in the nature of woods and forests are exempt up to three quarters of their taxable value if the conditions provided for in 2° of 2 of article 793 are satisfied.

II.-Units in forestry groups are exempt up to three quarters of the fraction of the net value corresponding to the assets mentioned in 3° of 1 of article 793 and under the same conditions.

III.-Property leased on a long-term basis under the conditions provided for in articles L. 416-1 à L. 416-6, L. 416-8 and L. 416-9 of the Rural Code and Maritime Fishing Code and those leased on a transferable basis under the conditions set out in articles L. 418-1 à L. 418-5 of the same code are exempt provided, on the one hand, that the term of the lease is at least eighteen years and, on the other hand, that the lessee uses the property in the exercise of his main profession and that he is the spouse, the lessor's spouse, partner in a civil solidarity pact or notorious cohabitee, one of their brothers or sisters, one of their ascendants or descendants, or the spouse, partner in a civil solidarity pact or notorious cohabitee of one of their ascendants or descendants.

Failing fulfilment of the last two conditions of the first paragraph of this III, these same properties are exempt up to three quarters of their value when the total value of the leased properties, regardless of the number of leases, does not exceed €101,897 and for half above this limit, provided that the term of the lease is at least eighteen years and that the lessee's descendants are not contractually deprived of the option to benefit from Article L. 411-35 du code rural et de la pêche maritime.


IV.Under the conditions set out in 4° of 1 of article 793, shares in agricultural landholding groups and agricultural landholding groups subject to law n° 62-933 du 8 août 1962 complémentaire à la loi d'orientation agricole et à l'article 11 de la loi n° 70-1299 du 31 December 1970 relative aux groupements fonciers agricoles are exempt, provided that these shares represent contributions consisting of real estate or real estate rights for agricultural use and that the leases granted by the group and their lessees meet the conditions set out in the first paragraph of III of this article.

If the last two conditions of the first paragraph of this IV are not met, these same assets are, subject to the long-term leases or transferable leases granted by the group meeting the conditions set out in the second paragraph of III, exempt up to three quarters of their value if the total value of the shares held does not exceed €101,897 and half above this limit.

V.-Rural property and shares in agricultural landholding groups and agricultural landholding groups representing the same property, leased under the conditions provided for in the first paragraph of III to a company whose main purpose is agricultural and which is more than 50% controlled by the persons mentioned in the same first paragraph, are exempt up to the value of the shareholding held in the lessee company by those of the aforementioned persons who carry out their main professional activity there.

Rural property and shares in agricultural landholding groups and agricultural landholding groups representing the same property, leased under the conditions provided for in the first paragraph of III, when they are made available to a company mentioned in the first paragraph of this V or when the right to the lease relating thereto is transferred to a company of the same nature, under the conditions provided for, respectively, in Articles L. 411-37 and L. 411-38 of the Code rural et de la pêche maritime, are exempt in the same proportions and under the same conditions as those defined in the first paragraph of this V.

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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