A: General provisions

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Article 1509

French General Tax CodeIn force

Updated 7 Nov 2023

I. - The rental value of undeveloped properties established on the basis of the income from these properties results from the rates set by nature of crop and property, in accordance with the rules laid down by the ministerial instruction of 31 December 1908.

II. - For the purpose of calculating the rental value, nurseries operated on undeveloped land must be included in the "land" category in the class corresponding to the characteristics of the land.

III. - The rental value taken into account for the calculation of property tax relating to woods, moors and ponds as well as land used mainly for hunting and not belonging to a commune or a group of communes, includes that of the hunting right actually collected on these properties unless:

- this right has been contributed to a communal or inter-communal approved hunting association;

- or the property has been classified as a nature reserve or approved hunting reserve.

IV. - Uncultivated or obviously underexploited land listed in the statement provided for in Article L. 125-5 of the Rural and Maritime Fishing Code is included in the best arable land category until such time as it is brought into use. This provision takes effect on the date on which the prefect informs the owner, in application of the seventh paragraph of the same article L. 125-5 of this code, of the allocation requests made in accordance with this article. However, the additional sums resulting from this registration will only be collected if, within three years of this information, and in the absence of an amicable agreement between the interested parties, the prefect has granted one of the applicants authorisation to operate.

In addition, the sums thus collected will be reimbursed if the prefect's order is annulled by the administrative court, or if the assignee has not proceeded with operation within one year of the allocation.

These provisions do not apply to land in the nature of wood on the date of the formal notice provided for by Articles L. 133-9 and L. 133-10 of the Forestry Code.

V. - Land other than that classified for tax purposes as building land and the disposal of which falls within the scope of I of l'article 257 are subject to property tax on undeveloped property as building land, for the year of sale and the two preceding years, with the exception of years prior to 1980. Their rental value is determined by applying the interest rate used for valuing building land to half the sale price. The rates applicable in favour of each beneficiary local authority are those recorded in the municipality for the year preceding the transfer.

The property tax on undeveloped properties paid in respect of the years mentioned in the first paragraph is deducted from this tax. The tax defined in the first paragraph is payable by the transferor.

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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