B: Residential and business premises

Articles in this section · 3

Article 1496

French General Tax CodeIn force

Updated 7 Nov 2023

I. - The rental value of premises allocated to residential use or used for home-based salaried activity is determined by comparison with that of reference premises chosen, in the municipality, for each type and category of premises.

II. - The rental value of the reference premises is determined on the basis of a rate set, by commune or commune sector, for each type and category of premises, on the basis of the rent for premises rented freely under normal price conditions and in such a way as to ensure the uniformity of valuations within the commune and from commune to commune.

The rate is applied to the weighted surface area of the reference premises, determined by assigning to the actual surface area corrective factors set by decree and intended to take into account the nature of the different parts of the premises, as well as its location, size, condition and equipment.

II bis. - In Mayotte, the rental value determined pursuant to II is reduced by 60%.

III. - 1. For the assessment of property tax on built-up properties, the rental value of premises rented on 1st January 1974 under the rent regulation system established by law no. 48-1360 of 1 September 1948 as amended, is the lower of the following two figures:

Either the rental value determined under the conditions provided for in I;

Or the actual rent on 1st January 1970 affected by three-yearly coefficients corresponding to rent increases since that date, without taking into account increases for insufficient occupancy or for professional use. The periods used to calculate and apply these coefficients are the same as those used for updates. These coefficients are set by decree in the Conseil d'Etat.

The coefficients set for the years 1979 to 1981 remain applicable until the next update of the property rental values of built-up properties.

However, if this rent is significantly lower than the rental prices generally observed for the premises in question, the property tax base is assessed by comparison with that pertaining to these premises.

2. When a premises ceases to be subject to the rent regulations established by the aforementioned law, the rental value is determined under the conditions provided for in I, with effect from 1st January of the following year.

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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