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Corporations - Setting up - Tax Elections

Altexis is an independent law firm specialized in tax advice to French and foreign companies in diverse industries and services sectors. Altexis also advises selected individuals with respect of estate management, cross border personal income tax issues, French wealth tax and French driven individual’s tax audits.

Corporations                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         - Setting up                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           - Tax Elections
TAX ELECTIONS

This chapter is not exhaustive and is limited to broadly outline the tax consequences of the main events occurring when doing business in France. It does not constitute a tax advice or a client - attorney relationship. Materials are not suitable for tax analysis. Visitors are invited to consult a tax lawyer before taking any decision.  


 Professional activity
 Commercial activity (BIC)
 Election
 Joining a " CGA "
 Reduced corporate tax rate for small and medium size businesses


   Professional activity

Annual turn over out of VAT

 

 

 

 

Tax regime
legally
Applicable

Sales not exceeding
27 000 €

Sales in the range of
27 000 € and 230 000 €

Sales exceeding
230 000 €

 

Income tax regime for professional activity

Specific income tax
regime & filing for very
small businesses

Standard tax filing obligation

Standard
tax filing obligation

 

VAT regime

VAT exemption (1)

Simplified
tax filling obligation

Standard
tax filing obligation

 

Possible
combined
elections

Standard income tax filing obligation & VAT exemption

Standard income tax filing obligation & simplified filing obligation for VAT

Standard income tax & VAT filing obligation

Standard income tax
& VAT filing obligation

 

 

(1) Lawyers, artists and authors benefit from an exemption should their annual income not exceed 37 400 euros (figures for 2002).

Advice: Be aware that exceeding the turnover threshold triggers new filing obligations.




 Commercial activity (BIC)

 Turnover thresholds
 Tax regime applicable to very small businesses
 Simplified and regular tax regime 




 Turnover thresholds

Annual turnover out of VAT

 

 

 

 

Tax regime
legally
Applicable

Not exceeding 76 300 €
(Resale business
27 000 € (services)

In the range of
76 300 and
763 000 € (Resale business)
27 000 and
230 000 € (services)

Exceeding
763 000 € (Resalebusiness)
230 000€
(services)

 

Income tax regime for commercial activities

Specific income tax
regime & filing for very
small businesses

Simplified income
tax filing
obligations

Standard income
tax filing
obligations

 

VAT

VAT exemption

Simplified tax
filing obligations

Standard tax
filing obligation

 

Possible
combined
elections

Simplified income tax filing obligations & VAT exemption

Simplified income tax and VAT regimes &
filing obligations

Simplified income tax filing obligations and regular VAT filing
obligation

Standard income tax filing obligations
and VAT exemption

Standard income tax
& VAT filing obligations

Standard income tax
& VAT filing obligations

Standard VAT
filing obligations

 

 

Advice: Be aware that exceeding the turnover threshold triggers new filing obligations.




 Tax regime applicable to very small businesses

 Not applicable to partnerships
 For commercial and professional activities, applicable only to self employed entrepreneurs
 Very roughly the taxable result is equal to:
63% of the annual turnover out of taxes for professional activities
28% of the annual turnover out of taxes for resale business
48% for services (figures for 2002)
 Losses are not tax deductible or carried forward against the other categories of income
 Limited filing obligations (figures related to the business should be reported on the annual income tax return)
 Simplified accounting process
 Entrepreneurs must apply to VAT exemption i.e.
No filing obligations
No VAT payment
No input VAT 
 No possibility to apply for a VAT refund
 No mention of VAT on the invoices
 Invoices must indicate that VAT is not applicable according to section 239B CGI. 




   Simplified and regular tax regime

 Applicable to self employed and companies subject to corporate income tax.

 


   Election

Advice: Be aware of deadlines and election's time limits. Once the election is made, exceeding the applicable turnover threshold triggers a change in tax regime and filing obligations. 
 

Election process

 

TVA

Can be made anytime
Written election
Renewal by tacit agreement

 Commercial activity/
Election for simplified
regime & filing

Before February 1st of the taxable year
Wriiten election

obligations

Renewal by tacit agreement

Commercial activity/
election for regular tax
regime & filing obligations

Before February 1st of the taxable year  
Written election
Renewal by tacit agreement

Professional activity/
election for standard tax
regime & filing obligations

Before April 30 of the year of the filing of the tax returnEx : for FY 2002 tax results before April 30 2003
Election made on the tax return itselfRenewal by tacit agreement


Newly created enterprises may apply for the tax regime of their choice when accomplishing formalities for registration and publication. However, it is recommended to inform also the tax office by mail with acknowledgment of receipt.




 Joining a " CGA "

CGA are associations whose role is to provide management and accounting services, assistance in tax filing obligations to businesses. Tax authorities are supervising the provided services. All enterprises whatever their tax regime have the right to join a CGA.

When joining a CGA, self employed entrepreneurs taxable according the regular tax regime benefit from a 20% standard deduction on their taxable result up to 113 900 euros for FY 2002. This tax incentive is only applicable to self employed entrepreneurs .
 
Other incentives are available to all members of a CGA such as tax credit and penalty relief in case of reassessments.




   Reduced corporate tax rate for small and medium size businesses

Small and medium size businesses benefit from a reduced corporate tax rate on a fraction of their taxable result if the conditions listed bellow met:

 Be subject to corporate income tax
 A turnover not exceeding 7 630 000 €
 At least 75% of the capital holds by individuals
 lcapital fully contributed

The taxable result including long term capital gains, up to 38120 € is taxed at 15, 45% instead of 35,43% (Additional contributions included).  
 


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