Section VI: Special provisions applicable in the event of transfer, termination or death

Articles in this section · 8

Article 202

French General Tax CodeIn force

Updated 8 Nov 2023

1. In the event of the cessation of the practice of a non-commercial profession, the income tax due in respect of the profits from the practice of that profession including those arising from debts acquired and not yet recovered and which have not yet been taxed is established immediately. It is calculated at the last rate used to calculate the advance payment mentioned in 2° of 2 of article 204 A.

Taxpayers must, within a period of sixty days determined as indicated below, notify the administration of the cessation and inform it of the date on which it was or will be effective, as well as, if applicable, the surname, first names and address of the successor.

This sixty-day period begins to run:

a. in the case of the cessation of the practice of a profession other than the holding of an office, from the day on which the cessation took effect;

b. in the case of the cessation of the holding of an office, from the day on which the appointment of the new holder of the office was published in the Official Journal or from the day of the actual cessation if it is subsequent to that publication.

2. Taxpayers are required to send the administration the declaration referred to in article 97 or in 2 of l'article 102 ter (1).

If taxpayers fail to file the declaration referred to in the first paragraph, the tax bases are determined automatically.

3. The provisions of 1 and 2 are applicable in the event of the death of the taxpayer. In this case, the information required to establish the tax is produced by the rightful claimants of the deceased within six months of the date of death.

4. Transferred under article 1663 bis.

(1) These provisions apply for the determination of results for 1999 and subsequent years.

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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