A: Declarations of existence and accounts

Articles in this section · 1

Article 286

French General Tax CodeIn force

Updated 8 Nov 2023

I.-Any person liable for value added tax must:

1° Within fifteen days of commencing its operations, submit to the office designated by an order a declaration in accordance with the model provided by the administration. A declaration is also compulsory in the event of cessation of business;

2° Provide, on a form supplied by the administration, all information relating to its professional activity;

3° If it does not usually keep accounts enabling its turnover as defined by this chapter to be determined, have a book with numbered pages in which it enters, day by day, without blank or erasure, the amount of each of its operations, distinguishing, if necessary, between its taxable operations and those that are not.

Each entry must show the date, a brief description of the items sold, the service rendered or the taxable transaction, as well as the price of the sale or purchase, or the amount of brokerage, commission, rebates, wages, rental prices, interest, discounts, agios or other profits. However, cash transactions may be recorded as a whole in the accounts at the end of each day when they are less than €76 for retail sales and services rendered to private individuals. The amount of transactions entered in the book is totalled at the end of the month.

The book prescribed above or the accounts in lieu thereof, as well as the supporting documents for transactions carried out by taxpayers, in particular purchase invoices, must be kept in accordance with the procedures set out in I and I bis of l'article L. 102 B of the tax procedures book ;

3° bis If it carries out supplies of goods and services not giving rise to invoicing in accordance with Article 289 of this Code and records these transactions by means of software or a cash register system, use software or a system that satisfies the conditions of inalterability, security, conservation and archiving of data with a view to control by the tax authorities, attested by a certificate issued by an accredited body under the conditions provided for in Article L. 433-4 of the Consumer Code or by an individual certificate from the publisher, conforming to a model laid down by the administration;

4° Provide tax agents, as well as those of other financial services designated by decree, for each category of taxable person, both at the main establishment and at branches or agencies, with all the evidence necessary to determine taxable transactions, without prejudice to the provisions of Article L. 85 of the Book of Tax Procedures.

II.-1.. Taxable persons benefiting from a tax exemption mentioned in Article 293 B are exempt from the obligations mentioned in 3° of I. They must, however, keep and, at the request of the tax department, submit a register summarised by year, showing details of their purchases, as well as a daybook used on a daily basis and showing details of their professional receipts relating to these operations, supported by invoices and any other supporting documents.

2. Taxable persons benefiting from the tax exemption referred to in article 293 B, those placed under the flat-rate reimbursement scheme provided for in articles 298 quater and 298 quinquies and those carrying out exclusively transactions or services that are exempt from value added tax are exempt from the obligation referred to in 3° bis of I.

III.-.The option formulated under III of article 256 C is equivalent to a declaration within the meaning of 1° and 2° of I of this article for the single taxable person constituted pursuant to article 256 C. It specifies the name, registered office and representative of the single taxable person and the nature of the activities of each of its members. The declaration includes the list of members and the individual value added tax identification numbers allocated to them before they joined the single taxable entity.

Each member of the single taxable entity is subject to the same rules. Each member of the single taxable entity set up under the same Article 256 C is required to fulfil the obligations mentioned in 3°, 3° bis and 4° of I of 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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