Section VIIa: Transitional tax relief

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Article 1647 C quinquies C

French General Tax CodeIn force

Updated 7 Nov 2023

I. - At the request of the taxpayer made within the legal period for lodging a claim provided for the business property tax, the business property tax, due by businesses in respect of 2010 and 2011, for the amount issued for the benefit of the local authority syndicates is subject to a rebate when the sum of the territorial economic contribution, taxes for the costs of chambers of commerce and industry and for the costs of chambers of trade and craft trades and the flat-rate tax on network companies due by companies in respect of 2010 is greater than the sum of the business tax contributions and taxes for the costs of chambers of commerce and industry and for the costs of chambers of trade and craft trades that would have been due in respect of 2010 under this code in force at 31 December 2009, with the exception of the flat-rate coefficients determined in application of article 1518 bis which are, in all cases, those set in respect of 2010.

The rebate is equal to the difference, where positive, between :

- the amount of business property tax issued in favour of the local authority syndicates due in respect of 2010;

- and the amount of business tax issued in favour of the local authority syndicates that would have been due in respect of 2010 pursuant to this code in force on 31 December 2009, with the exception of the flat-rate coefficients determined pursuant to article 1518 bis which are, in all cases, those set in respect of 2010.

The amounts mentioned in the first, third and fourth paragraphs of this I are assessed, after taking into account the costs of tax relief, assessment and collection as well as all tax reliefs and credits, with the exception of the transitional tax relief provided for in article 1647 C quinquies B.

II. - The tax reductions resulting from the application of this article are authorised within six months of the date on which the application is submitted.

III. - The repayment of unduly refunded sums is requested in accordance with the same procedural rules and subject to the same penalties as for business property tax. Claims are submitted, investigated and judged according to the same procedural rules applicable to business property tax.

IV. - For taxes due in respect of 2010, the rebate instituted by this article may be claimed within six months of the promulgation of the law no. 2011-900 of 29 July 2011 amending finance act for 2011.

V. - The administration shall inform the taxpayers likely to benefit from the relief provided for in this article.

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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