I: Compulsory taxable transactions

Articles in this section · 9

Article 256 A

French General Tax CodeIn force

Updated 8 Nov 2023

Persons who independently carry out one of the economic activities mentioned in the fifth paragraph are subject to value added tax, regardless of the legal status of these persons, their situation with regard to other taxes and the form or nature of their intervention.

The following are not considered to be acting independently:

- employees and other persons who are bound by a contract of employment or by any other legal relationship creating links of subordination as regards working conditions, remuneration arrangements and the employer's liability;

- home workers whose earnings are considered to be wages, when they carry out their activity under the conditions provided for in articles L. 7412-1, L. 7412-2 and L. 7413-2 of the French Labour Code.

The economic activities referred to in the first paragraph are defined as all activities carried out by producers, traders or service providers, including extractive and agricultural activities and those of the liberal professions or similar. In particular, an economic activity is considered to be an operation involving the use of tangible or intangible movable property with a view to obtaining permanent revenue.

The economic activities referred to in the first paragraph are defined as all activities of producers, traders or service providers, including extractive and agricultural activities and those of the liberal professions or equivalent.

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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