I: Taxable persons

Articles in this section · 11

Article 8

French General Tax CodeIn force

Updated 8 Nov 2023

Subject to the provisions of article 6, members of sociétés en nom collectif and general partners of sociétés en commandite simple are, where these companies have not opted for the tax regime applicable to sociétés de capitaux, personally subject to income tax on the share of company profits corresponding to their rights in the company. If ownership of all or part of the company shares is divided, the usufructuary is liable for income tax on the proportion of the company's profits that corresponds to his rights as usufructuary. The bare owner is not subject to income tax on the income taxed in the name of the usufructuary.

The same applies, under the same conditions:

1° To members of non-trading companies which do not take, de jure or de facto, one of the forms of company referred to in 1 of article 206 and which, subject to the exceptions provided for in article 239 ter, do not engage in a business or operations referred to in articles 34 and 35;

2° Members of joint ventures-including financial syndicates-who are indefinitely liable and whose names and addresses have been provided to the administration;

3° Of the members of limited liability companies that have opted for the partnership tax regime under the conditions provided for in IV of article 3 of decree no. 55-594 of 20 May 1955 as amended or under those provided for in article 239 bis AA ;

4° Of the sole member of a limited liability company where that member is a natural person;

5° Of the sole member or members of a limited liability agricultural holding;

6° Members of sociétés anonymes, sociétés par actions simplifiées and sociétés à responsabilité limitée that have opted for the partnership tax regime under the conditions provided for in Article 239 bis AB;

7° Notwithstanding the provisions of 1°, members of the interprofessional outpatient care companies mentioned in Article L. 4041-1 of the Public Health Code.

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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