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Tax representation · Non-residents

Tax representation
sale of shares

You are a non-resident and you are selling shares in a French company subject to corporate income tax.

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Fees

0.60% excl. VAT

of the sale price

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25%

Shareholding threshold in the company sold

5years

Reference period preceding the sale

12.8%

Levy on the capital gain of individuals (companies: corporate income tax at 25%)

4years

Your file defended from the date of sale

You are a non-resident and you are selling shares in a French company subject to corporate income tax.

Subject to the international tax treaties signed by France, you will be liable to tax on the capital gain made in France and you will have to appoint a tax representative (French Tax Code, art. 244 bis B).

Our fees are 0.60% excl. VAT of the sale price.

When do you have to appoint a tax representative?

If you are a non-resident of France and you sell shares in a company subject to corporate income tax whose registered office is in France.

Sellers that are individuals and legal entities are concerned, whatever their legal form (company, association, trust, etc.).

The notion of corporate rights covers both:

  • shares (SA – public limited company, SAS – simplified joint-stock company, SCA – partnership limited by shares)
  • and company interests (notably SARL – limited liability company, and SNC – general partnership).

What must the level of shareholding be?

The seller must have held, directly or indirectly, more than 25% of the company’s profit rights at any time during the 5 years preceding the sale.

For individuals, this threshold is assessed taking into account the rights held by the seller, alone or with their spouse, ascendants and descendants, directly or indirectly.

Once this threshold has been reached during the previous 5 years, you will be liable to tax in France when you sell the company’s shares, whatever the number of shares sold and the level of your shareholding on the day of the sale.

Residents of a non-cooperative State or Territory within the meaning of the French Tax Code are taxable whatever their level of shareholding in the French company.

How will the transaction be taxed?

Subject to the provisions of the international treaties signed by France, the capital gain will be taxed according to the seller’s status: individuals are subject to a 12.8% levy, and companies to corporate income tax at 25%. The tax is paid under the responsibility of a tax representative accredited by the French State.

Residents of a non-cooperative State or Territory within the meaning of the French Tax Code are subject to a 75% levy.

For individuals, this levy is, in principle, in full discharge of income tax.

For a review of your file: contact us.

What is your tax representative’s mission?

Our mission as tax representative is regulated.

ILIADE:

  • determines your taxable capital gain and calculates the corresponding tax according to your situation.
  • prepares and signs your capital gains return (form 2074-NR and its appendix 2074-ABT)
  • is the tax authorities’ main point of contact for any question relating to your file.

As guarantor of the accuracy of your return, ILIADE undertakes towards the French State to pay the tax and the related penalties if the tax authorities challenge it.

4 yearsILIADE will defend your file in the event of a tax audit for 4 years from the date of sale.

How does your tax representative step in?

As the tax must be paid within one month of the sale of the shares, the tax representative must be contacted early enough to take charge of your tax file and apply for State accreditation.

Our fees are deductible when calculating your capital gain.

To find out the list of supporting documents: contact us.

Selling shares in a French company?

0.60% excl. VAT

of the sale price

How we work

Your file,
step by step.

Contact us in advance

As the tax must be paid within one month of the sale, please contact us early enough.

Your file

You send us the form and the supporting documents requested.

Accreditation

We apply for State accreditation for your file.

Tax return

We prepare and sign your 2074-NR return and its 2074-ABT appendix.

Selling shares in a French company?

Let’s talk about your
sale.

Free, no-obligation quote · Reply within 48 hours.

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