B: Special schemes and exemptions

Articles in this section · 4

Article 998

French General Tax CodeIn force

Updated 7 Nov 2023

By derogation from

Article 991

are exempt from the special tax:

1° Group insurance and collective operations underwritten by a company or group of companies for the benefit of their employees or by a representative professional group of companies for the benefit of their employees or by a representative organisation of a self-employed profession or of public authority employees for the benefit of its members or as part of collective retirement schemes organised in accordance with the provisions of articles

L. 141-1

and

L. 441-1

of the Insurance Code and managed jointly by policyholders and insurers, or

articles L. 932-1

,

L. 932-14

and

L. 932-24

du code de la sécurité sociale or

L. 221-2

and

L. 222-1

du code de la mutualité, of which at least 80% of the total premium or contribution is allocated to cover for the duration of human life, disability, incapacity for work or death due to accident, excluding reimbursement of medical, surgical, pharmaceutical or dental expenses. In the case of insurance taken out by a company or on its behalf, the exemption only applies to insurance constituting a means of complying with a provision laid down by a collective agreement or company agreement or resulting from the employment contract of all or a significant number of the company's employees.

2° (Provision no longer applicable).

3° An insurance agreement taken out by a company in order to guarantee members of its salaried staff an end-of-career indemnity on their retirement or an indemnity on cessation of activity paid under article 2 of law no. 96-126 of 21 February 1996 creating a joint intervention fund in favour of employment on condition:

a) That the company is unable to dispose of the acquired value of the contract for any other use;

b) That the insurance company or firm undertakes to pay the employing company only the benefits due to employees under the end-of-career indemnity. Where the company has been the subject of safeguard or receivership proceedings, the insurance company may, in the event of a sale or compulsory liquidation, be authorised by the court that opened the proceedings to pay the benefits to the company's employees and thus clear their claims.

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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