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Micro-Entrepreneur Business in France
1. What is a 'Micro-Entreprise'?One of the most popular approaches to setting up a business in France is as a 'micro-entreprise'. This is often because the term is in common currency, and the formalities of registration are easy to accomplish. What then is a micro-entreprise? We can distinguish a number of characteristics, which apply equally to auto-entrepreneur business status: i. Tax StatusFirst, contrary to popular belief, a micro-entreprise is not a legal business structure – it is a specific tax status that benefits from simple tax and accounting rules. It only available to someone who is self-employed as an Entreprise individuelle (EI), with no company structure in place. Accordingly, it is not available if you propose to run your business through a private limited company - called either a EURL or SARL, or other form of French company structure. So, if someone says to you they are a micro-entreprise, what they mean is they are actually an Entreprise individuelle (EI) that has chosen to be taxed as a micro-entreprise rather than being taxed under the other main form of business taxation, called the regime réel. We examine the differences between the micro-entreprise tax regime and that of the regime réel in later pages. ii. AccountingA micro-entreprise is not required to keep any books of accounting, other than a daybook giving details of income received, with commercents also required to keep a book registering their expenditure. This is often cited as one of the main advantages of the status, as there is no need to employ an accountant, although the use of an accountant to maintain your accounting records is not compulsory. You can do it yourself if you feel you are competent enough to do so. iii. Turnover LimitsThe third important qualification is that micro-entreprise tax status is only available if the business does not exceed certain turnover (sales) limits. These turnover limits depend on the type of business activity you pursue. In this respect the rules make a (rather bizarre!) distinction between those whose business activity is 'service' or ‘professional’ based, and those main activity is 'sales'.
In the first year of business, the turnover limits are applied pro-rata to the length of time the business has been in operation. Be careful on this point, as it is often overlooked by new business start-ups. Nevertheless, some limited tolerance is permitted in exceeding the limits, even in a full year, which you are able to to so for two years. If the business does both types of operations (service and sales) then the business can still be classified as a micro provided total revenues do not exceed €80,000 and the service based activity does not exceed €32,000 per year. This is notably the case with those in the building trades, where the sale of building materials receives the upper limit, whilst the building construction activity itself is restricted to the lower rate. iv. VATA business adopting the tax status of micro-entreprise cannot charge VAT on their goods or services, and neither can they recover VAT paid on purchases. If you wish to charge VAT, then you cannot adopt micro-entreprise tax status. v. ExclusionsFinally, certain types of business are excluded from micro-entreprise status. They include those who buy and sell property on a professional basis, estate agents, developers, finance companies and hire companies, with certain other limits on artists, writers, scientific and sports based activities. You need to check with your accountant, or Chambres de Commerce/Metiers, on the full list. In addition, the letting of unfurnished accommodation is taxed under rules of revenus fonciers , which you can read about in our pages on Letting Property in France. Next: Micro-Entreprise or Auto-Entrepreneur? Back: Starting a Business in France
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