2: Determination of taxable profits

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Article 39 A

French General Tax CodeIn force

Updated 8 Nov 2023

1. The depreciation of capital goods, other than residential buildings, building sites and premises used for the exercise of the profession, acquired or manufactured as from 1st January 1960 by industrial companies, may be calculated according to a degressive depreciation system, taking into account the depreciation period in use in each type of industry. A decree of the Conseil d'Etat sets the terms and conditions of degressive depreciation.

Degressive depreciation rates are obtained by multiplying straight-line depreciation rates by a coefficient set at:

a. 1.25 when the normal useful life is three or four years;

b. 1.75 when this normal period is five or six years;

c. 2.25 when this normal period is more than six years.

Declining balance depreciation is applied annually, within the limits of the ceilings, to the residual value of the asset to be depreciated.

These depreciation methods correspond to traditional daily use in terms of duration; in the case of continuous use of the equipment in question, the depreciation rates are increased.

2. The provisions of 1 are applicable under the same conditions:

1° To hotel investments, movable and immovable;

2° To industrial buildings whose normal period of use does not exceed fifteen years and whose construction is completed after the date of publication of the loi n° 62-873 du 31 juillet 1962;

3° Communications satellites;

4° Buildings exclusively intended to host exhibitions and congresses and equipment allocated to these same buildings.

3. (Expired).

4. (Transferred).

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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