I: Taxable persons

Articles in this section · 11

Article 4 B

French General Tax CodeIn force

Updated 8 Nov 2023

1. The following shall be deemed to have their tax domicile in France within the meaning of Article 4 A :

a. Persons who have their home or main place of residence in France;

b. Those who carry on a professional activity in France, whether employed or self-employed, unless they can prove that this activity is carried on there on an ancillary basis;

The directors of companies whose registered office is located in France and which have an annual turnover there of more than €250 million are deemed to carry on their professional activity in France on a principal basis, unless they can prove otherwise. For companies that control other companies under the conditions defined in article L. 233-16 of the French Commercial Code, turnover means the sum of their turnover and that of the companies they control.

The managers referred to in the second paragraph of this b are understood to mean the chairman of the board of directors when he assumes the general management of the company, the chief executive officer, the deputy chief executive officers, the chairman and members of the management board, the managers and other managers with similar functions;

c. Those who have the centre of their economic interests in France.

2. Also considered as having their tax domicile in France are employees of the State, local authorities and the hospital civil service who perform their duties or are entrusted with a mission in a foreign country and who are not subject in that country to personal tax on all of their income.

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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