2. Movable and immovable property and rights

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Article 150 VH

French General Tax CodeIn force

Updated 8 Nov 2023

I. - The income tax relating to the capital gain realised on the assets mentioned in articles 150 U to 150 UC is paid when the declaration provided for in article 150 VG.

If applicable, the rules of payability and recovery provided for in Title IV of the Book of Tax Procedures shall be applied for taxes recovered by the competent public accountants.

II. - The income tax relating to the capital gain is paid before the registration or merged formality is carried out.In the absence of prior payment, the filing or formality is refused except for the disposals mentioned in II of article 150 VG. Filing or formality is also refused if there is a discrepancy between the amount of income tax relating to the capital gain appearing on the declaration provided for in article 150 VG and the amount actually paid at the time of the requisition or presentation for registration.

Unless otherwise provided for, the rules of liability and collection provided for in articles 1701 to 1704, to 1°, 2°, 3° and 4° of Article 1705 and to Articles 1706 et 1711.

III. - By way of derogation from II, the income tax relating to the capital gain is paid:

1° For disposals referred to in 1° of II of article 150 VG, to the benefit of the tax department, by the assigning public accountant, on the price due to the seller, on the basis of the declaration referred to in 1° of II of article 150 VG sent by the public authority;

2° For disposals referred to in 3° of II of article 150 VG, by the seller or, in the case of disposals to a local authority referred to in 1° of II of article 150 VG, by the notary, at the tax department where the declaration was filed ;

3° For disposals referred to in 4° of II of article 150 VG, by the custodian of the real estate investment fund, to the corporate tax department of the place of its registered office;

4° For disposals referred to in 5° of II of article 150 VG, by the paying institution, to the corporate tax department of the place of its registered office.

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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