B: Determination of taxable profits

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9393 A93 B

Article 93 A

French General Tax CodeIn force
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Updated 8 Nov 2023

For the determination of profit under the conditions provided for in the first paragraph of this I, debt waivers, under the conditions and within the limits mentioned in 9° of 1 of Article 39, are deductible in full for the taxpayer who grants them.

If the taxpayer starts business during the year, he/she must exercise the aforementioned option within the time limit set for filing the declaration referred to in article 97.

In the event of an exit from the tax regime provided for in article 102 ter, the taxable profit determined under the conditions provided for in the first paragraph of this I is increased by the receivables held by the taxpayer at 31 December of the year preceding that in respect of which the option is exercised for their amount excluding tax after deduction of an allowance of 34% (1).

A decree shall set out the terms and conditions for the application of this article, in particular the terms and conditions for opting in and opting out of this arrangement as well as those for changing the accounting method.

II. - Any options in this respect exercised prior to 1 January 1996 shall be deemed to be in order, subject to any court decisions that have become res judicata.

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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