II: Income tax

Articles in this section · 16

Article 197 A

French General Tax CodeIn force

Updated 8 Nov 2023

The rules of 1 and 2 of I of article 197 are applicable for the calculation of income tax due by persons who, not having their tax domicile in France:

a. Receive income from a French source; in this case, the tax may not be less than an amount calculated by applying a rate of 20% to the fraction of net taxable income less than or equal to the upper limit of the second bracket of the income tax scale and a rate of 30% to the fraction above this limit ; these rates of 20% and 30% are reduced to 14.4% and 20% respectively for income sourced in the overseas departments; however, where the taxpayer can justify that the rate of French tax on all his income from French or foreign sources would be lower than these minimum rates, this rate is applicable to his income from French sources. In this case, taxpayers whose tax residence is in a Member State of the European Union or in a State with which France has signed an administrative assistance agreement to combat tax fraud and evasion or a mutual assistance agreement for tax collection may, pending the production of supporting documents, attach to their income tax return a declaration on their honour of the accuracy of the information provided;

b. By way of derogation from article 164 A, for the calculation of the rate of French tax on all worldwide income provided for in a of this article, the alimony payments provided for in 2° of II of article 156 are allowed as a deduction under the same conditions and limits, when these payments are taxable in the hands of their beneficiary in France and when their taking into account is not likely to reduce the tax owed by the taxpayer in his State of residence.

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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