0Ic A: Revaluation of tangible and financial fixed assets

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Article 238 bis JB

French General Tax CodeIn force

Updated 8 Nov 2023

A company which carries out an overall revaluation of its tangible and financial fixed assets under the conditions set out in article L. 123-18 of the French Commercial Code may not take into account the revaluation difference which it establishes when determining the taxable income for the financial year in which it carries out this revaluation. The application of the first paragraph of this article is subject to the undertaking by the company:



1° To calculate the capital gain or capital loss subsequently realised on the disposal of non-depreciable fixed assets on the basis of their non-revalued value;


2° Reintegrate the revaluation difference relating to depreciable fixed assets into its taxable profits. The reintegration of the revaluation difference is carried out in equal parts over a period of fifteen years for buildings and for plantations and fixtures and fittings of depreciable land over a period at least equal to this period, and in equal parts over a period of five years for other fixed assets. The sale of a depreciable fixed asset results in immediate taxation of the portion of the revaluation surplus relating to this asset that has not yet been reintegrated at the date of sale.


A company that has carried out a revaluation of a fixed asset is subject to immediate taxation. A company which has carried out an overall revaluation under the conditions set out in the first paragraph calculates the subsequent depreciation, provisions and capital gains on disposal relating to depreciable fixed assets on the basis of the value assigned to them at the time of the revaluation.


The company that applies the provisions of the same first paragraph attaches to the income tax return for the year of revaluation and subsequent years a statement in accordance with the model provided by the administration showing the information required to calculate the depreciation, provisions or capital gains or losses relating to the fixed assets that have been revalued.

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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