2: Determination of taxable profits

Articles in this section · 77

Article 39 decies D

French General Tax CodeIn force

Updated 8 Nov 2023

I.-Companies subject to corporation tax or income tax under an actual taxation system may deduct from their taxable income a sum equal to 40% of the original value, excluding financial costs, of all refrigeration and air treatment equipment using refrigerants other than those mentioned in section 1 of Annex I to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006, allocated to their business and included in fixed assets.

The deduction applies to the assets mentioned in the first paragraph of this I acquired as new from 1 January 2019 until 31 December 2022.

II.-The deduction is spread on a straight-line basis over the normal period of use of the assets. If the asset is written off before the end of this period, the deduction is only earned by the company to the extent of the amounts already deducted from income on the date the asset is written off, which are calculated pro rata temporis.

III.-A company that leases a new asset mentioned in I of this article under the conditions provided for in 1 of article L. 313-7 of the French Monetary and Financial Code under a leasing contract or under a lease with a purchase option, entered into between 1 January 2019 and 31 December 2022, may deduct an amount equal to 40% of the original value of the asset excluding finance costs at the time the contract was signed. This deduction is spread pro rata temporis over the normal period of use of the asset.

If the lessor or lessee acquires the asset, it may continue to apply the deduction. The deduction ceases as from the sale or termination of the leasing or hire purchase contract or the asset and cannot be applied to the new operator.

The company that leases or rents the asset with a purchase option may not apply the deduction mentioned in I of this article.

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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