Legal rules to know
Our customers must undertake :
1- to comply with the regulations, particularly tax regulations, of the country in which they set up their company, as well as those of their country of tax residence,
2- to carry out a real economic activity in the country where they create their company and to organize their economic substance in the said country,
3- to pay their taxes in their country of tax residence,
4- not to organize tax fraud or evasion, money laundering or any other illegal activities.
Any customer in breach of these undertakings is solely and wholly responsible for such breach.
If you are a French tax resident, and you own a cross-border company in Europe (in or near the European Union), but you have not organized an economic substance (premises, offices, employees, office equipment, real activity, etc.) in the country where your company is located.
If you are a French tax resident, own a cross-border company in Europe (in or near the European Union) and have organized an economic substance (premises, offices, employees, office automation, real activity,…) in the country where your company is established, your company will in principle be eligible for corporate tax in the country where your company is established, and you will pay your personal taxes (and or BNC), on income, dividends, flat-tax,…, in France. Consult a tax lawyer before placing an order on our website.
Any cross-border company in Europe (in or near the European Union), owned by a non-tax resident, must be declared in the country of tax residence of the owner of said company; for France, here is the link to the declaration form: https://www.formulaires.service-public.fr/gf/cerfa_15928.do
Any bank account held outside the owner’s country of tax residence must be declared by the owner to the tax authorities in his or her country of tax residence; for France, here is the declaration form for a foreign bank account: https://www.impots.gouv.fr/sites/default/files/formulaires/3916/2019/3916_2568.pdf
If a Company in Europe (in or near the European Union) has no physical presence (employees, premises) in its host country (the country in which it is registered), i.e. has no real activity and therefore no economic substance in its host country, it must pay corporate income tax in the country where the activity is actually carried out. This corporate tax is then at the rate set by the country where the activity is carried out. A non-tax resident (expatriate) is an employee or company owner who is not established for tax purposes in the country where he or she works. The non-tax-resident owner of a Company in Europe (in or near the European Union) must pay tax in his or her country of tax residence. For France, the principle of tax residence is applied: “Your tax domicile is in France if it is your main place of residence, i.e. if you stay there for more than 6 months of the year” https://www.service-public.fr/particuliers/vosdroits/F62
Creating a cross-border company in Europe (in or near the European Union) also means establishing economic substance (actual local organization of the business: offices, premises, activity, materialization, resources, etc.), which will be complicated for you to achieve in a distant country, in your capacity as owner of the company, if you are not resident in the country where your company is located. The non-existence of economic substance in a foreign company is tantamount to the de facto operation and tax establishment of the company in the owner’s country of tax residence. For a European national, setting up a Company incorporation in Europe means making it easier to establish the company, and then mastering the administrative management, accounting, production, marketing and tax declarations in the country where the company is headquartered. Not forgetting the company owner’s tax obligations in his or her country of tax residence.
We act as intermediaries and do not set up Companies incorporation ourselves.
We don’t open bank accounts ourselves: we’ll put you in touch, or a bank manager will contact you.
*The registration of a bank account* by a third party is illegal, even with a power of attorney; please beware of sites offering to open a bank account for you*. An independent manager from our company, an account manager working for the bank, will call you to manage your application to open a bank account*. Our service is to put you in touch with the bank, not to open a bank account*. The bank has the sole right to decide whether or not to open a bank account* (art. L. 312-1, II CMF). The bank’s decision is based on the applicant’s profile and eligibility to open a bank account*. We do not open a bank account ourselves and do not guarantee the opening of a bank account*. Banking introduction* is a service obligation, not a performance obligation or a results requirement. See our other special conditions Special conditions and general terms of sale Conditions of use, sales and privacy policy.
Satisfaction or your money back guarantee: registration of your company with a Satisfaction or your money back guarantee, subject to our receipt of the Company incorporation form, duly and fully completed by the customer, accompanied by a scan of the valid passport or identity card certified at the town hall or notary’s office, and proof of address less than 3 months old (landline or cell phone bill or electricity bill or equivalent, in French or English), for each of the directors, partners and members. Subject to the customer providing proof of identity and incorporation documents, legalized by a Notary, and to the customer travelling to the country of incorporation.
Deposit of share capital not included.
VAT number not supplied, except in Bulgaria.
Business and Prestige Packs: Share capital, even if not deposited, is your responsibility. The virtual share capital is a figure registered in the English Commercial Register, this amount is not deposited in the bank. This share capital is virtual, not real. It indicates only that the shareholder(s) is/are liable for the amount of the share capital, which is indicative only.