Cabinet Kohen Avocats · Paris

Maître Reda KOHEN intervient en droit immobilier, droit des sociétés et droit des affaires à Paris. Première analyse offerte, réponse personnelle sous 24 heures.

100 % confidentiel · Secret professionnel · Sans engagement

Barreau de Paris Immobilier, sociétés, affaires Fiche CNB avocat.fr
Maître Reda KOHEN, avocat au Barreau de Paris
Maître Reda KOHEN
Avocat au Barreau de Paris

First French Corporate Tax Instalment After Incorporation: When Is the First Payment Due for a Foreign Founder?

For a foreign founder, the first French corporate tax instalment is often confused with the first corporate tax bill. They are not the same event. A newly incorporated company subject to French corporate income tax (impôt sur les sociétés, or IS) normally pays no quarterly instalment during its first accounting period. It must still keep accounts, file its first result return and pay any balance when that period closes. The first advance payment generally belongs to the following accounting period and depends on the closing date, filing deadline and amount of IS calculated for the first period. The answer changes depending on whether the first exercise closes on 31 December, whether the company has a short or extended first period, and whether the first result has already been filed. The practical task is to reconstruct the statutory calendar from the incorporation record, chosen closing date, first accounts and electronic forms, rather than rely on the date a Kbis was downloaded.

This distinction matters when a foreign parent funds a French subsidiary, when the founder remains abroad, or when the company has obtained its Kbis but has not generated turnover. The French tax authority expects the company to act through its professional tax account, not wait for a conventional tax assessment. This article explains the current statutory rule, administrative guidance, forms, and response to an early payment request, rejected bank mandate or overpayment. It concerns an ordinary French company liable to IS; a branch, tax-integrated group, company with a special exemption or very large enterprise may require separate analysis.

I. When is the first French corporate tax instalment due after incorporation?

A. Why a newly created company normally pays no instalment during its first tax period

The starting point is the company’s tax regime, not the nationality of its shareholder. A French SAS (société par actions simplifiée), SARL (société à responsabilité limitée) or subsidiary that is liable to IS enters the advance-payment system. IS is the French corporation tax imposed on the taxable profit of the legal entity. The founder may live in the United Kingdom, the United States, Singapore or another country; that fact does not create a separate first-instalment calendar for the French company.

The governing provision is Article 1668 of the French General Tax Code (CGI, or Code général des impôts). Its operative sentence provides, verbatim: Les sociétés nouvellement créées ou nouvellement soumises, de plein droit ou sur option, à l’impôt sur les sociétés sont dispensées du versement d’acomptes au cours de leur premier exercice d’activité ou de leur première période d’imposition arrêtée conformément au deuxième alinéa du I de l’article 209. In English, the new company is exempt from paying IS advances during the first accounting period in which it carries on its activity, or the first tax period for which it is subject to IS. This is a payment-timing rule. It does not mean that the first period is tax-free.

The same article also states, in a separate sentence, that Les paiements doivent être effectués au plus tard les 15 mars, 15 juin, 15 septembre et 15 décembre de chaque année. Those four dates govern ordinary quarterly advances once the company has entered the normal cycle. They should not be mechanically applied to the first period of a newly incorporated company. A notice in the professional tax account that displays a March, June, September or December instalment must be read against the company’s incorporation date, first accounting period, first filed result and the special rule for the first post-closing advance.

There is still a first corporate tax balance. IS is paid spontaneously: the company calculates the tax, submits the relevant electronic forms and pays the amount due. The tax authority does not first send a normal assessment whose arrival creates the debt. The Cour de cassation, commercial chamber, financial and economic section, 18 May 2022, no. 20-21.852, dealt with a tax claim arising during a safeguard proceeding and held that la clôture de l’exercice fiscal, qui, seule permet de déterminer le bénéfice net imposable. That decision concerned a tax-integrated group and insolvency law, not an ordinary incorporation, but it confirms why the foreign founder must identify the French company’s closing date before interpreting a payment request.

The first period can be short or longer than twelve months, depending on the articles of association and the accounting choice. The company must identify three dates in one written calendar:

  • the date on which the company began its activity or became subject to IS;
  • the contractual closing date of its first accounting period; and
  • the statutory deadline for the first result return and balance form.

Article 209 of the CGI contains a specific rule when no balance sheet is drawn up during the first civil year. The official text refers to les bénéfices réalisés dans les entreprises exploitées en France, while adding that, in the absence of a first-year balance sheet, the tax is assessed on the period from the beginning of operations to the first closing date and, at the latest, to 31 December of the year following creation. The rule is not a licence to postpone accounts indefinitely. It is a rule for identifying the first taxable period.

For a foreign-owned subsidiary, the result must also be separated from the parent’s result. A capital contribution is not automatically trading revenue. Conversely, an invoice issued by the French company, interest on a shareholder loan, a management fee or a transfer-pricing adjustment may affect taxable profit. The tax calendar cannot be safely fixed by looking only at the date on the Kbis.

The Kbis is the official extract showing the company’s registration particulars in the Trade and Companies Register. The greffe is the registry office of the competent commercial court. Registration formalities are submitted through the one-stop shop operated by the INPI, the Institut national de la propriété industrielle, and the business is recorded in the RNE, the Registre national des entreprises. These registration steps evidence the company’s legal existence; they do not replace the tax return or determine the first advance date by themselves. The Service Public Entreprendre page for form 2571-SD confirms that the form is used to calculate IS advances and is transmitted to the SIE, the Service des impôts des entreprises, meaning the business tax office.

This payment question fits within the wider French company formation and corporate compliance guide. That pillar page addresses the broader creation process; this article narrows the analysis to the first IS balance, the first advance after closing and the evidence needed when the tax account displays an unexpected amount.

A foreign founder should also keep the other French acronyms separate. URSSAF, the Union de recouvrement des cotisations de sécurité sociale et d’allocations familiales, collects many social-security contributions; it does not collect the company’s IS. BODACC, the Bulletin officiel des annonces civiles et commerciales, publishes certain commercial notices; it is not the tax payment portal. These bodies may appear in the same post-incorporation checklist, but a URSSAF registration, a BODACC notice or a Kbis delivery does not satisfy the IS filing obligation.

B. How the closing date determines the first payment date after the first exercise

Once the first period has closed, the company moves from the “no advance during the first period” rule to a normal advance cycle. The first practical advance after incorporation is therefore determined by the next payment date that applies to the company’s accounting period, subject to the special administrative treatment described below. The answer cannot be reduced to “three months after incorporation” or “one year after the Kbis”. It is tied to the closing of the accounting period and the preceding taxable result.

For an ordinary twelve-month exercise, the sequence of the first advance is commonly presented as follows:

Closing date of the reference exercise First normal advance date for the next exercise
20 November to 19 February 15 March
20 February to 19 May 15 June
20 May to 19 August 15 September
20 August to 19 November 15 December

The table describes the normal calendar. It is not a substitute for the first-period exception. Article 1668 calculates advances from the results of the last closed exercise, and a newly created company has no earlier result on which to base an advance during its first period. The current BOFiP guidance on new companies, published under the identifier BOI-IS-DECLA-20-30, states that the first advance due after the first closing may also be left unpaid when the deadline for filing the result return has not yet expired. It then says that the omitted amount is regularised with the second advance. This is an administrative interpretation to apply with the actual closing and filing dates in front of you.

Consider a French subsidiary incorporated on 2 September 2026 with a 31 December 2026 closing date. It does not pay quarterly IS advances during the 2026 first period. It must nevertheless prepare its first result return and its balance payment. For a calendar-year exercise, Article 223 of the CGI says, in the relevant passage: la déclaration du bénéfice ou du déficit est faite dans les trois mois de la clôture de l’exercice, while specifying a different deadline when the exercise closes on 31 December or no exercise closes during the year. The DGFiP, the Direction générale des finances publiques, states that the balance is paid no later than 15 May of the following year for a 31 December closing.

For that example, the 15 March 2027 date falls before the first 2026 result filing deadline. The BOFiP guidance allows the company to omit that first post-closing advance; the second advance on 15 June 2027 is then adjusted to regularise the omitted quarter. If the first-period IS used for the calculation were €20,000, a simplified illustration would be €10,000 on 15 June, followed by €5,000 on 15 September and €5,000 on 15 December, before considering reduced-rate portions, tax credits, adjustments or a change in the current-year result. The company should not treat this illustration as an automatic payment order: the 2571-SD form and the tax account must be checked.

If the first exercise closes on another date, the balance is generally due on the 15th day of the fourth month following the closing. The rule is different from the advance dates. A company that closes on 30 September may have a balance date in January, while the advance calendar for the following exercise may place an instalment in December. The tax manager must therefore maintain two parallel lines: the balance for the period that has just ended and the advances for the period that has begun.

Short first exercises also require care. Where the reference exercise is not twelve months, the DGFiP explains that the advance calculation is reported to a twelve-month basis. If the last closed exercise produced less than €3,000 of IS, no advance is due and no 2571-SD advance statement is required for that reason. This threshold is assessed against the last closed exercise and should not be confused with a forecast that the new company will make no money.

That distinction protects foreign founders from two opposite mistakes. The first is paying an advance during a legally exempt first period and then having to seek a credit or refund. The second is reading “no first-period advance” as “no tax administration work” and missing the first 2065-SD result return or 2572-SD balance. The incorporation documents, accounting period, tax-account messages and payment forms should be reconciled before any amount is sent.

II. How should a foreign founder calculate, pay or correct the first French IS instalment?

A. What to calculate: taxable result, rate, forms 2571/2572 and the tax account

The first practical calculation begins with the taxable result, not with the cash balance in the French bank account. Article 53 A of the CGI requires a result declaration that allows the taxable result to be determined and checked. The statute describes it as une déclaration permettant de déterminer et de contrôler le résultat imposable de l’année ou de l’exercice précédent. The company’s accounting profit may need tax adjustments. Non-deductible expenses, provisions, depreciation, foreign-exchange movements, shareholder transactions, withholding taxes and tax credits may change the final IS. A founder abroad should ask the French accountant to show the bridge from accounting profit to taxable profit rather than using turnover or bank receipts as a proxy.

The normal IS rate is also a legal question. Article 219 of the CGI states: Le taux normal de l’impôt est fixé à 25 %. Some qualifying PME, meaning petite et moyenne entreprise or small and medium-sized enterprise, may obtain a reduced rate on a first slice of profit if all statutory conditions are met. The parent’s nationality does not by itself disqualify the subsidiary, but ownership, paid-up capital, turnover and group relationships must be reviewed. A foreign parent should not apply 15% to the entire result merely because the French company is small.

The official Service Public Entreprendre guidance on IS confirms the practical distinction: a company newly created or newly subject to IS pays no advances during its first exercise, but it remains responsible for its result declaration and the single balance payment. The page also describes the 25% normal rate, the limited 15% PME rate and the electronic route for filing. It is useful as an accessible operational checklist, while the linked CGI provisions remain the legal basis.

A simple illustration shows the order of operations. If the first French accounting period produces €80,000 of taxable profit and the relevant profit is taxed at 25%, the rough IS is €20,000 before credits, special rates and other adjustments. That €20,000 is generally settled as a first-period balance, not split into four advances during the first period. It can then serve as the reference amount for the next exercise’s advances. The final amount must come from the filed result and tax computation, not a calculator using gross sales.

The main forms have different purposes:

  • form 2065-SD is the annual corporate-tax result return; it is submitted with the tax package;
  • form 2571-SD is the IS advance statement, used for each advance when an advance is due; and
  • form 2572-SD is the IS balance statement, used to calculate the amount still due or the excess after the result is known.

The DGFiP’s official “Imposition des résultats” guidance confirms that result filings and payment statements are submitted electronically. It also explains that each ordinary advance equals one quarter of the IS paid on the previous exercise, with a twelve-month adjustment where the reference exercise is not twelve months. This wording makes the timing logic clear: the company first establishes the previous exercise’s tax and then applies the advance mechanism to the next exercise.

Payment access is a separate operational risk. The professional tax account must be active, the correct SIE must be identified and the French bank account must accept the relevant electronic debit or transfer. The DGFiP’s guidance on the simplified professional tax payment process explains that activation of the professional space and, where required, a SEPA business-to-business mandate must be completed. SEPA is the Single Euro Payments Area; a B2B mandate authorises a business debit. A foreign parent’s bank account, a newly opened French account and an accountant’s payment workflow should not be assumed to be interchangeable.

When the founder receives a request shortly after incorporation, the first question is whether it concerns IS at all. CFE, or cotisation foncière des entreprises, is a local business property contribution and follows its own declaration and exemption rules. VAT, called TVA (taxe sur la valeur ajoutée) in French, is a consumption tax with its own returns. Payroll and social charges may involve URSSAF. None of these payment streams should be entered on a 2571-SD merely because the message appears in the same professional tax space.

The payment reference should also be checked against the legal entity. A French subsidiary has its own SIREN registration number, tax account and liability for its own IS. A branch may be treated differently because it is not a separate legal person, and the taxable profit attributable to a French permanent establishment may involve treaty analysis. A parent’s consolidated management accounts cannot replace the French entity’s statutory accounts. The corporate bank account should show whether a payment is a capital contribution, an intercompany loan, a customer receipt or an IS payment, with documentation retained for the accounting file.

Foreign-language documents are often the practical bottleneck. Keep the certificate of incorporation, Kbis, articles, proof of the first accounting-period choice, bank statements, intercompany agreements, invoices and the accountant’s tax computation together. If a document is not in French, the SIE may request a translation or supporting explanation. The INPI registration record helps establish formal history, but the tax computation still has to identify the French taxable activity under Article 209 and any applicable tax treaty.

B. What to do after a missed, rejected, excessive or unexpected payment

A payment problem should be classified before it is corrected. First identify whether the message asks for the first-period balance, a quarterly advance, CFE, VAT, a social contribution or a late-payment adjustment. Second check the period shown on the form, the closing date, the amount of IS from the last closed exercise and whether the company is still within its first period. Third compare the notice with the 2065-SD, 2571-SD or 2572-SD already submitted. Only then should the company decide whether to pay, amend the amount or contact the SIE.

If a bank debit is rejected, a foreign founder should not simply submit the same payment repeatedly. Check the professional-space activation, the bank account identifier, the SEPA B2B mandate, the payment reference and the person authorised to act for the company. Save the rejection message with its date. Contact the SIE or the payment support channel through the professional account and ask for a written correction route. A technical rejection does not erase the underlying due date.

If an advance is too high because the company’s current result has fallen, French rules may permit modulation in specific circumstances. The company must keep a calculation showing why the lower amount is justified. The risk is not limited to interest: Article 1731 of the CGI provides, in the relevant opening sentence, Donne lieu à l’application d’une majoration de 5 % tout retard dans le paiement des sommes qui doivent être versées aux comptables de l’administration fiscale. The same article addresses an inaccurate reduction of advances by more than one tenth after final liquidation. The company should not reduce an amount because cash is tight without documenting the calculation.

Late-payment interest is a different item. Article 1727 of the CGI states: Le taux de l’intérêt de retard est de 0,20 % par mois. The article also explains when the interest starts. The 5% surcharge and 0.20% monthly interest are statutory consequences whose application depends on the payment and declaration facts; they should not be added mechanically to every bank rejection. A prompt written explanation and payment of the undisputed amount can reduce the risk of an avoidable escalation, but it does not replace a formal request where the underlying assessment is wrong.

If the company has paid too much, the balance form matters. Article 1668 provides that, after liquidation, an excess of advances over the tax due is refunded within thirty days from the filing of the balance statement and the Article 223 return, after deduction of other direct taxes due by the company. Article 360 of Annex III to the CGI requires the taxpayer to detail the liquidation on a dated and signed balance statement and expressly provides that refund requests are made on that statement. The official text describes the document as indicating la nature du versement, son échéance, les éléments de liquidation, ainsi que la désignation et l’adresse du principal établissement de l’entreprise. The practical lesson is to submit the complete result and balance evidence before demanding repayment.

A second decision helps explain why the closing date remains central. In Cour de cassation, commercial chamber, 16 December 2008, appeal no. 08-12.142, concerning the ranking of a tax claim in insolvency proceedings, the court held that the corporate-tax triggering event resulted de la clôture de l’exercice comptable et non pas de la perception des impôts. The old case concerned earlier payment dates and a collective proceeding, so its historical dates should not be copied into a 2026 calendar. Its point remains useful: the company must map the liability to the accounting period and its closing, not to the date on which cash happened to leave the bank.

When a first-period notice appears to demand an advance that the company believes is not due, write to the SIE with a concise evidence pack:

  1. the Kbis and incorporation date;
  2. the IS election or tax-regime evidence, if the company became subject to IS by option;
  3. the first accounting-period opening and closing dates;
  4. the date on which activity began;
  5. the message or form showing the disputed advance; and
  6. the proposed treatment: no first-period advance, balance payment, deferred first post-closing advance or corrected form.

Ask the SIE to confirm the position in writing and keep proof of the request. If the company is obliged to file before the question is answered, it should distinguish the filing from the disputed amount and obtain accounting advice on paying the undisputed balance. The company should never delete a form, reverse a payment or create a backdated intercompany entry merely to make the tax account appear consistent.

For a foreign parent, an unexpected IS request may also reveal a deeper documentation issue. The SIE may have received a creation record but not the expected tax option, bank details or result return. A registered office, a Kbis or a BODACC publication does not show the company’s taxable profit. Conversely, a missing Kbis does not necessarily mean that no tax period has started if the company has legally begun operations. The dates in the articles, the formalities record, the accounting ledger and the tax account should tell one consistent story.

The file should also record any tax treaty or permanent-establishment question. A foreign company may have French taxable activity through a subsidiary, branch or permanent establishment, and the allocation of profit can affect the French result. This article addresses the payment calendar for a French entity subject to IS; it does not decide whether a foreign parent has a separate French filing obligation. That question should be reviewed before assuming that all French turnover belongs to the subsidiary or that all group costs are deductible.

Finally, use the current official pages rather than an old calendar copied from a foreign incorporation guide. The dates in older case law and forms may differ from the current 15 March, 15 June, 15 September and 15 December schedule. The legal text, current DGFiP guidance, the company’s closing date and the forms visible in the professional account should be checked together on the day of payment. A foreign founder who is outside France can organise this remotely, but the company needs a named person who monitors the account, receives SIE messages and preserves the proof of every filing and payment.

Conclusion

The first French corporate tax instalment is usually not payable during the company’s first accounting period. Article 1668 of the CGI instead exempts a newly created company from advances during that first period, while leaving the company responsible for its first result return and any IS balance. The next exercise then follows the quarterly calendar, with a practical adjustment when the first post-closing advance falls before the first result return deadline.

For a reliable answer, record the incorporation date, activity start, first closing date, first 2065-SD deadline, expected taxable profit, applicable rate and the next 15 March/June/September/December date. Confirm whether the message concerns IS rather than CFE, TVA or social charges. Use the professional tax account, forms 2571-SD and 2572-SD, the correct SIE and an operative bank mandate. If a payment is rejected, reduced, excessive or demanded too early, preserve the evidence and ask for a written correction route. The foreign shareholder’s nationality does not change the French company’s calendar, but cross-border funding, branch status, treaty allocation and group charges can change the tax result.

Need a quick opinion on your case

We offer a telephone consultation within 48 hours with a lawyer from the firm.

We can review your incorporation date, accounting period, tax-account message, 2571-SD or 2572-SD form and cross-border documents before you decide how to respond.

Call +33 6 46 60 58 22 (Maître Reda Kohen), or use our contact form.

Source : Cour de cassation – Base Open Data « Judilibre » & « Légifrance ».

What our clients say

Janou SAMUEL
2 weeks ago

Thank you to Maître KOHEN for his analyses of recent case law regarding fraudulent concealment in real estate sales. This reinforces my decision to pursue an action for rescission that I am considering after acquiring a house affected by serious defects intentionally concealed by the seller and not reported by the real estate agent; also defects (rising damp) characterized by progressive through-cracks and damp patches, not reported by the real estate agent… Worse, defects concealed by the latter or on his initiative under a coat of paint and polystyrene tiles glued to the ceiling of a bedroom. And said real estate agent was the drafter of the preliminary contract, which naturally contains no information regarding any of these defects. I would just add that, being 77 years old and suffering from cognitive impairment, I am certain the real estate agent thought I would not be able to uncover the deception and, above all, characterize fraudulent intent, let alone initiate legal proceedings given the complexity and length of the process... That is why I am opting for criminal proceedings, insofar as the intentional concealment of defects by the seller and then by the real estate agent

Translated from French

Paul MALIK (powlo)
3 months ago

Maître Reda KOHEN assisted me in a dispute concerning a sale agreement with a defaulting party. He provided professional and responsive support, and I highly recommend him.

Translated from French

Reply from the firm

Legal advice is only valuable if it arrives on time — delighted to have been there when needed. Thank you for your kind words.

Rayan Kallout
4 months ago

I highly recommend Maître Reda Kohen. Thanks to his explanations, I was able to recover my security deposit in a situation that seemed blocked. He was responsive, clear, and very professional. A big thank you for his invaluable help!

Translated from French

Reply from the firm

The return of the security deposit is a more common rental dispute than one might think; glad that the situation was resolved quickly. Thank you for this feedback.

Naji Jouahri
4 months ago

Excellent support from Maître Kohen in a case combining business law and real estate law. Clear legal analysis from the first meeting, right through to the hearing. Professional and accessible lawyer, I highly recommend his firm in Paris 17.

Translated from French

Reply from the firm

Cases at the intersection of business law and real estate law require a comprehensive overview — that's the core of the firm's practice, from the initial meeting to the hearing. Thank you for this precise recommendation.

Halim Tunde
4 months ago

Maître Kohen assisted me in recovering unpaid debts from a defaulting tenant. Procedure mastered from start to finish, from the payment order to eviction. Human, attentive, and always reachable. Thank you for your work.

Translated from French

Reply from the firm

Collecting unpaid rent requires a procedure handled from start to finish, without downtime — glad to have seen yours through to completion. Thank you for this testimonial.

Cha
4 months ago

As a young student living in an apartment, my landlord tried to make me leave my accommodation even though he had sent me no termination notice. I therefore contacted Mr. Reda Kohen to help me as I couldn’t handle the situation alone. In just 3 days everything was resolved, Maître Kohen defended me and accompanied me with an irreproachable level of commitment and efficiency. I can only recommend his professionalism!

Translated from French

Reply from the firm

An irregular termination notice does not terminate a lease: delighted that the situation was resolved in a few days. Good luck with your studies.

Asmaa Maazaz
5 months ago

I turned to Maître Kohen for a complex real estate dispute and I highly recommend his firm. He is very professional; he thoroughly analyzed my case from the very first appointment and clearly explained the possible options. Thanks to his expertise, we achieved a very favorable outcome. Responsive, a good teacher, and committed, he is a lawyer you can truly trust. Yours faithfully, Miss Maazaz

Translated from French

Reply from the firm

Thank you very much, Miss Maazaz, for this feedback. Analytical rigor and responsiveness are essential commitments of our law firm specializing in real estate law in Paris, where each case requires a tailored approach. Delighted that we were able to achieve a favorable outcome. The firm remains at your disposal. Best regards.

chaymaa aouadi
6 months ago

I called upon Maître Reda Kohen, a real estate lawyer in Paris, and I am fully satisfied with his support. Very professional, responsive and attentive. He quickly analyzed my case, clearly explained the legal strategy and effectively defended my interests. Thanks to his expertise and determination, we obtained a very favorable outcome. I highly recommend Maître Kohen to anyone looking for a real estate lawyer in Paris.

Translated from French

Reply from the firm

A big thank you for this feedback. It is exactly this kind of return that gives full meaning to our commitment to real estate law in Paris. Your satisfaction is our best recommendation.