A: Definition of taxable profits

Articles in this section · 3

Article 92

French General Tax CodeIn force

Updated 8 Nov 2023

1. Profits from the exercise of a non-commercial profession or income assimilated to non-commercial profits are deemed to be profits from the liberal professions, offices and positions whose holders do not have the status of traders and from all occupations, lucrative exploitations and sources of profits not attached to another category of profits or income.

2. These profits include in particular:

1° Income from stock market transactions carried out under conditions similar to those characterising an activity carried out by a person engaged in such transactions on a professional basis;

1° bis Proceeds from the purchase, sale and exchange of digital assets carried out under conditions analogous a ̀ those that characterise an activity carried out by a person engaging a ̀ titre professionnel a ̀ this type of transaction;

2° Proceeds from copyright received by writers or composers and by their heirs or legatees ;

3° Proceeds received by inventors in respect of either the licensing of their patents or the assignment or licensing of trademarks for products or services, manufacturing processes or formulas;

4° Discounts allocated for the sale of manufactured tobacco ;

5° Proceeds from transactions carried out on a regular basis, directly, through an intermediary or via a trust, in financial contracts, also referred to as "financial futures instruments", mentioned in III of article L. 211-1 of the Monetary and Financial Code, where the option provided for in 8° of I of article 35 was not available to the taxpayer or when he has not exercised it;

6° The sums and compensation received by arbitrators or judges in respect of the arbitration assignment mentioned in article L. 223-1 of the Sports Code;

7° The sums received by lawyers in their capacity as trustee of a trust operation defined in Article 2011 of the Civil Code.

3. The profits made by the clerks holding their office are taxed, in accordance with the rules applicable to the profits of offices, on their net amount determined after deduction of the salaries and allowances allocated to the clerks by the State. These salaries and allowances are classified in the category referred to in V of this sub-section.

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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