Section 2: Tax payable by the employer of a foreign worker or of an employee temporarily seconded by a company not established in France

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Article L436-10

French Code governing the entry and residence of foreign nationals and the right of asylumIn force

Updated 8 Nov 2023

A tax is levied on the first admission to reside in France, for the purpose of carrying out a salaried professional activity subject to the condition provided for in 2° of article L. 5221-2 of the Labour Code, of a foreign worker or an employee temporarily seconded by a company not established in France under the conditions provided for in Title VI of Book II of Part One of the same code.

The chargeable event for the tax is constituted by the approval of the employment contract issued by the administrative authority or the obtaining of the work permit mentioned in 2° of article L. 5221-2 of the said code.

The person liable to pay the tax is the employer who hires the foreign worker or receives the seconded employee.

When the hiring is for a period greater than or equal to twelve months, the amount of this tax is equal to 55% of the gross monthly salary paid to this foreign worker, taken into account within the limit of 2.5 times the gross monthly minimum growth wage.

When a foreign worker is recruited for a temporary job lasting more than three months and less than twelve months, the amount of this tax, set by decree, varies according to the level of the salary within limits of between 50 euros and 300 euros.

When a foreign worker is recruited for a seasonal job, the amount of this tax is adjusted according to the duration of the recruitment at a rate of 50 euros per full or incomplete month of salaried activity. Each recruitment gives rise to payment of the tax.

When the recruitment takes place for a young professional recruited under a bilateral agreement for the exchange of young professionals, the amount of this tax is set by decree within limits of between 50 and 300 euros.

When the recruitment is for the temporary employment of a language assistant, the amount of this tax is zero.

Exempt from the tax provided for in the first paragraph of this article are individual employers mentioned in the second paragraph of Article L. 7221-1 of the Labour Code, employers of European Union citizens mentioned in the first paragraph of Article L. 233-4 of this Code, public research organisations, higher education establishments awarding a Master's degree, scientific cooperation foundations, public scientific cooperation establishments and public interest foundations in the research sector approved in accordance with Articles L. 421-14 and L. 421-15 which take on a foreign national for a period of more than three months for the purpose of carrying out research work or teaching at university level, regardless of the duration of the contract or the amount of remuneration.

The tax is payable at the end of the month in which the first day of professional activity in France of the foreign worker or seconded employee occurs.

The terms and conditions for applying this article are specified, as necessary, by decree.

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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