IV: Farmers

Articles in this section · 3

Article 298 quater

French General Tax CodeIn force

Updated 7 Nov 2023

I. - The flat-rate refund is calculated on the basis of the amount:

a) Of supplies of agricultural products made to taxable persons other than farmers who benefit from the flat-rate refund in France;

b) Of supplies of agricultural products made to non-taxable legal persons who make intra-Community acquisitions that are taxable in the Member State of the European Community in which the shipment or transport of the agricultural products arrives;

c) Of exports of agricultural products.

Ia. - The rate of the flat-rate refund is set for sales made from 1 January 2014:

1° At 5.59% for milk, farmyard animals, eggs, animals for slaughter and charcuterie defined by decree, as well as cereals, oilseeds and protein crops mentioned in Annex I of Council Regulation (EC) No 73/2009 of 19 January 2009.

2° At 4.43% for other products.

I ter. - 1. Expired

2. (Repealed with effect from 1 January 1993);

II. - Decrees in the Council of State (2) shall lay down, as necessary, the conditions for the application of I and I bis, in particular the supporting documents to be provided by the beneficiaries of the flat-rate refund, as well as the bases for calculating the said refund in the case of intra-Community exports or supplies of live animals.

III. - The declaration filed with a view to obtaining the benefit of the flat-rate reimbursement (3) is admissible until 31 December of the year following that in which the right to the flat-rate reimbursement arose.

IV. - The evidence required for the granting of the flat-rate reimbursement may be modified, for certain sectors of agricultural production, by decree (4) issued after consulting the professional agricultural organisations.

(2) Annex II, art. 263 to 267 bis.

(3) See Annex II, art. 266.

(4) See Annex III, art. 98 bis.

Mariela Petrova

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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.

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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

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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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