Question 1

What information is required on invoices?

Accepted Answer

A number of items must appear on your invoices: Name or company name of your company, address, individual VAT identification number  If you are a company, you must also indicate the RCS registration number (SIRET n°) followed by the city where the registry is located where it is registered, legal form of the company, amount of share capital,  Customer name and address In case of intra-community exchange, also indicate the VAT identification number of your customer Mention of the term "invoice" or "credit note" in the event of cancellation of a sale Date of invoice and date of sale or service rendered if different Chronological and unique invoice number We remind you that it is imperative to set up a unique, chronological and non-modifiable numbering system for your invoices. In the absence of a sufficiently reliable system to guarantee the completeness of the turnover, the tax authorities could in particular reject your accounts, which is not without consequences. Name and quantity of products and/or services Price and VAT applicable: unit price and total amount excluding VAT, mention of discounts, rebates granted, the VAT rate, the amount of VAT, mention of the option exercised in terms of VAT (debits), the price including tax. Scheduled date of settlement, penalty rates and fixed compensation for recovery costs in the event of delay Discount conditions in case of early payment. Notes: Failure to comply with regulations may result in tax penalties. Each missing or inaccurate mandatory statement may be subject to a fine of €15 per non-compliant invoice. In case of sale without invoice or invoicing of fictitious transactions, your company incurs a fine equal to 50% of the amount of the transaction. Invoices must be printed in duplicate; the seller giving the original of the invoice to the buyer while keeping a duplicate.

Question 2

What is immobilization  ?

Accepted Answer

In practice, a fixed asset is a good purchased by the company (or product) intended to be used in a sustainable way for the activity of the company (beyond the duration of the accounting year). A fixed asset is different from an expense. These assets will not be recorded directly as expenses for the financial year in the year of their acquisition but are recorded as assets of the company. These goods are considered to have a finite lifespan and wear out over time. In this case, an amortization corresponding to the loss in value for the year is recorded each year. This amortization is recorded as expenses for the year. Examples of fixed assets: computers, photocopiers, machines/tools, furniture, etc.  Note, however, that the tax authorities authorize direct recognition as expenses for the financial year of assets that nevertheless meet the definition of a fixed asset but whose value is considered to be low (less than €500 excluding tax). These assets are therefore not recorded as assets on the balance sheet or depreciated. This is how, for example, some microcomputers can be recorded directly as exercise loads.

Question 3

Can I reimburse restaurant bills to my employee ?

Accepted Answer

Warning! Only the general rules are recalled here. There are special rules for the reimbursement of meal expenses or the payment of allowances to employees. Do not hesitate to come back to us for a response on a case-by-case basis. Business meals (restaurant bills) Restaurant expenses (business meals) may be reimbursed to the employee without being considered as a benefit in kind (i.e. additional remuneration) under certain conditions. To exclude these costs from the social contribution base, they must be exceptional. Reimbursing one meal per week or 5 meals per month is considered non-abusive, as long as the reality of the meals taken, the quality of the people who participated and the amount of the expense can be justified. Beyond that, meals are considered a benefit in kind and are subject to social security contributions. Meals on the go When the employee is on a business trip and unable to return to their residence or usual place of work, you can: Either pay him a lump sum to compensate for meal expenses, Either reimburse the actual meal expenses on proof These amounts are exempt from social charges if they do not exceed an amount set each year (€19.10 in 2021).

Question 4

I am a business owner, what meal expenses can I be reimbursed for  ?"

Accepted Answer

The different rules depending on whether the activity is carried out individually (BIC/BNC) or in a company. In addition, it is worth distinguishing: Business meals Expenses for meals taken at work Warning! Only the general rules are recalled here. There are special rules for the expenses of officers according to the expenses incurred in the performance of their duties. Do not hesitate to come back to us for a response on a case-by-case basis.  Business meals are part of the expenses deductible from the result when they are justified and are in a normal relationship with the activity. These expenses can therefore be borne by the company (and reimbursed to the entrepreneur if he has advanced the payment of the restaurant bill). It is also possible to deduct from the result the cost of meals taken at work, but within certain limits. These expenses are deductible when the distance between this place and the home is too great. In practice, only the fraction of the price of the meal between the fixed amount representative of the meal taken at home (€6.70 for 2021) and the threshold beyond which the expense is considered exaggerated is only allowed as a deduction. (€19.10 for 2021). In other words, only €12.40 is deductible for 2015. It is therefore possible to provide for the reimbursement of the company director on this basis for all meals spent in the company. Do not forget to mention the list of your guests on the invoice  Business meals follow the same rules as for individual operators (see above). As regards daily meals taken at work, managers cannot benefit from restaurant vouchers like employees, they could be tempted to be reimbursed for the cost of the meals paid. This rule is not provided for in companies.

Question 5

How to re-invoice the customer for the costs incurred on his account  (with or without VAT) ?

Accepted Answer

Cost reimbursements requested from customers are considered as an addition to the base price. Therefore, they are to be included in the VAT tax base (article 267-I-2° of the General Tax Code), at the same rate as the base price of the transaction to which they relate.  Travel expenses (train or plane tickets, hotel nights, restaurant bills, etc.) incurred during a mission or work performed for the client concerned. For these costs, you must then include them on your invoice in the VAT-taxable base.

Question 6

Are gifts for customers deductible from the company's taxable income?

Accepted Answer

Gifts to customers are authorized and are deductible from the tax result of your company, serving as a basis for the tax which is to be paid annually, unless abused. However, VAT is only deductible for gifts of low value offered per year and per customer (€69 including tax in 2021).

Question 7

Should I use an auditor  ?

Accepted Answer

The appointment of an auditor depends on the legal status of the company and whether certain thresholds are exceeded. Société anonyme (SA) and Société en commandite par actions (SCA): The appointment of an auditor is mandatory from the creation of the company SAS: the appointment of an auditor is mandatory if two of the following three thresholds are exceeded Total balance sheet: €1,000,000 Turnover excluding tax: €2,000,000 Average number of employees: 20 SARL / EURL / SNC / SCS: the appointment of an auditor is mandatory if two of the following three thresholds are exceeded Total balance sheet: €1,550,000 Turnover excluding tax: €3,100,000 Average number of employees: 50 Associations: Among the main categories of associations that must appoint an auditor are: Associations of a certain size having an economic activity and exceeding, at the end of the calendar year, two of the following three thresholds: more than 50 employees, €3.1 million in turnover or €1.55 million € of total balance sheet, Associations issuing bonds, Associations authorized to grant loans, Associations receiving one or more grants of more than €153,000 during the same year, Associations receiving donations of more than €153,000 in the same year, Associations recognized as being of public utility collecting funds on behalf of other associations (relay associations);

Question 8

Does the company maintain all required records?

Accepted Answer

The required registers are: Personnel register; The payroll; Several records relating to working conditions must be kept by the employer: Registers related to working conditions: special register of serious and imminent dangers, register of minor accidents, single occupational risk assessment document; Register of staff representatives.

Question 9

Do I have to file my annual accounts at the court registry  ?

Accepted Answer

Despite the simplification measures introduced in 2014, joint-stock companies (SA, SCA, SAS) and SARLs / EURLs are still required to file their annual accounts with the registry of the commercial court, regardless of their size.  But micro-enterprises (which do not exceed 2 of the three thresholds: balance sheet total of €350,000, turnover of €700,000 and average number of employees of 10) are exempt from drawing up an appendix and can ask to keep the balance sheet and income statement filed confidential. As for small businesses (which do not exceed 2 of the three thresholds: balance sheet total of €4,000,000, turnover of €8,000,000 and average number of employees of 50), they can opt to maintain confidentiality of the income statement.

Question 10

What is the   account privacy statement option?

Accepted Answer

Companies meeting the definition of micro-enterprises (with the exception of the companies mentioned in Article L. 123-16-2 of the Commercial Code and those whose activity consists in managing equity securities and securities) may declare that the annual accounts they file will not be made public. Similarly, small businesses may request, when filing annual accounts produced from August 6, 2016, that the income statement not be made public. Thus, the company concerned which wishes to benefit from one of these two options must, when filing the annual accounts with the registry of the commercial court, attach a declaration of confidentiality. The court clerk then informs third parties of this declaration of confidentiality by specifying it in the notice inserted in the Bodacc and delivers to the depository company a certificate attesting that the annual accounts have been filed but that they cannot be communicated to third parties .

Question 11

Does the employer make a pre-employment declaration before any hiring  ?

Accepted Answer

The employer has the obligation to make a declaration before any hiring (except in specific cases: TESE, CESU) to the URSSAF (or MSA) on which the establishment depends. The DPAE must be dematerialized in companies whose number of declarations made during the previous calendar year reaches 50 declarations. The declaration must be made before hiring and at the earliest within 8 days preceding the foreseeable date of hiring.

Question 12

Does the company carry out the mandatory postings  ?

Accepted Answer

The employer must make the following postings: Labour Inspectorate: address, name and telephone Occupational medicine: address and telephone number of the occupational doctor and emergency rescue services Safety and fire instructions and names of those responsible for emergency equipment and those responsible for organizing evacuation in the event of fire. Convention or collective labor agreement: reference of the collective agreement and applicable agreements Professional and wage equality between men and women: text of articles L3221-1 to L3221-7 of the Labor Code Collective working hours: working hours (start and end) and duration of rest; if rest is not given on Sunday, days and hours of collective rest Paid leave: period for taking leave Moral harassment: text of article 222-33-2 of the criminal code Sexual harassment: text of article 222-33 of the criminal code Fight against discrimination in hiring: text Articles 225-1 to 225-4 of the Penal Code Prohibition of smoking Single occupational risk assessment document: procedures for accessing and consulting the document Syndicate panels (according to procedures set by agreement with the employer)

Question 13

Are employment contracts written  ?

Accepted Answer

The law provides for a writing for most employment contracts, except in the case of a full-time permanent contract.  A written document must be drawn up for: a fixed-term contract (CDD), a permanent contract (CDI) concluded on a part-time basis, a temporary work contract, an intermittent work contract, an apprenticeship contract , the professionalization contract, the single integration contract (CUI). No writing is required for a full-time permanent contract, unless a collective agreement provides for it. In the absence of compulsory writing, the employer must however give the employee a copy of the declaration prior to hiring (DPAE).

Question 14

Does the employer respect the agreed minimum wages  ?

Accepted Answer

Beyond compliance with the minimum wage, which is assessed month by month, the employer must respect the minimum wages, which are set by collective agreements. The contractual minimum constitutes a minimum to which each employee can claim. The contractual minimum is in principle assessed month by month, but some collective agreements provide for an annual minimum or a monthly and annual minimum.

Question 15

How long must employers keep employee payslips?

Accepted Answer

The employer is required to keep a duplicate of the payslip (in paper or electronic form) for at least 5 years.

Question 16

Does the employer fulfill its obligations in terms of executive death insurance  ?

Accepted Answer

The employer has the obligation to pay a contribution for executives at least equal to 1.50% of the AGIRC tranche A, in financing a complementary provident scheme (excluding complementary health) and in priority over a death guarantee.

Question 17

Has the company set up a group complementary health plan  ?

Accepted Answer

Since January 2016, the employer must provide all its employees with complementary health cover, which must meet a certain number of conditions (care basket, responsible contract, etc.). Employees may be exempted from joining under certain conditions.

Question 18

Do I have to join an approved management organization for business creation?

Accepted Answer

Membership of an approved management body is not compulsory. The first membership, for the current year or financial year, must take place within five months of the start of the year or financial year (or the start of the activity). Membership of an approved management center (BIC, BA) or association (BNC), or recourse to a professional accountant authorized by the administration and having concluded an agreement with it, provides a tax advantage insofar as other taxpayers see the tax base of their income (BIC, BA, BNC) used for the calculation of income tax increased by 25%. Members of a management center or an approved association benefit from the following tax advantages: Full deduction of the spouse's salary, while the deduction is limited to €17,500 for non-members married under a regime of community or participation in acquests; Tax reduction for accounting costs equal to two-thirds of expenses for keeping accounts and joining an approved management body and capped at €915. In return for these advantages, a certain control is exercised over the declarations and the taxpayer agrees to accept payment by check or credit card.

Question 19

I want to pay by SEPA Direct Debit, should I send my Mandate to my Bank ?"

Accepted Answer

There are two types of SEPA Direct Debit. The CORE which is usually used between the different economic agents and in particular for the relations between a company and its particular consumers. This type of direct debit does not require the sending of the signed mandate to the bank but to the creditor who will have to produce it in the event of a dispute over a direct debit. You must keep a copy of the signed and sent mandate. The B to B or inter-professional direct debit is intended for exchanges between companies and for the payment of social charges and professional taxes. It secures operations by making it impossible to repudiate an operation but requires prior information from the debtor's bank. For this type of direct debit, the mandate must be signed and returned to the bank so that it explicitly authorizes the payment transaction. A delay is to be expected for the management of this authorization. For proper tracking of authorizations, a second signed original will be sent to the creditor and a copy retained for company records. The above question must be "reversed" if you wish to set up direct debits for the payment of your customers.

Question 20

Am I required to be insured for my business  ?

Accepted Answer

The subscription of a professional civil insurance is compulsory for companies carrying out certain activities, in particular regulated (professionals in health, figures and law, in the construction sector, etc.). For others, this insurance, although not mandatory, is strongly recommended to cover any damages that the company may cause. The company must also insure the property used for the needs of the activity, in particular premises, vehicles, etc. Other insurance is optional but recommended, such as business interruption insurance, key person insurance, corporate officer insurance, etc. For more information, you can contact the Insurance Documentation and Information Center (www.ffsa.fr) or professional organisations.  As a reminder, people carrying out a regulated craft activity as well as micro-entrepreneurs covered by the micro-social scheme must indicate, on each of their quotes and on each of their invoices, the professional insurance, in the event that it is mandatory for the exercise of their profession, which they have taken out as part of their activity, as well as the contact details of the insurer or guarantor, and the geographical coverage of their contract or guarantee. Furthermore, since August 8, 2015, any company that may be held liable for ten years must attach to the quotes and invoices that it draws up, a certificate of this insurance in accordance with a model set by decree.

Question 21

What payment methods can a business owner accept or decline and use  ?

Accepted Answer

There is a wide variety of payment methods available to craftsmen and VSEs-SMEs to carry out and secure their transactions. They can be classified according to two main categories: fiduciary money, in other words cash, and scriptural means of payment which allow the transfer of funds from one account to another. Cash payments made to and by companies can be made within the following limits: The settlement of a debt and the recovery of a claim by professionals cannot exceed €1,000 since September 1, 2015 (decree no. 2015-741 of June 24, 2015 and article L112-6 of the Monetary Code and financial). This limit also applies for electronic money payments. The payment of a salary can be made in cash up to €1,500. The settlement of a tax debt can be made in cash up to €300 at the counter of the public finance centres. Cash-based payment methods include: Traditional" means of payment: payment card, bank transfer, direct debit, interbank payment order, electronic payment, check, bill of exchange and electronic promissory note. The "new" means of payment: contactless payment by means of a payment card or telephone up to a limit of €20 and the electronic wallet allowing deposits and withdrawals of money on his electronic account and use it on the internet to make payments without having to enter his username or secret code. This means of payment also exists in the form of an application for Smartphone: the merchant types the amount to be cashed in the application, then scans the code which is displayed on the screen of the customer's telephone.

Question 22

What is the electronic invoice implemented from January 1, 2017  ?

Accepted Answer

As of January 1, 2017, the transmission of invoices by electronic means will be mandatory for invoices issued by large companies for the direct payment of contracts in progress or concluded with the State, local authorities and public establishments. With some exceptions, the transmission of these invoices will be done via the invoicing portal made available by the State. Decree No. 2016-1478 of November 2, 2016 specifies the specific additional information that must appear on invoices sent electronically. The deployment of the electronic invoice will be progressive and will also concern from: January 1, 2018 mid-cap companies, January 1, 2019 small and medium-sized enterprises, January 1, 2020 micro-enterprises. Do not hesitate to come back to us, we remain at your disposal to enlighten you and provide you with all the advice you may need throughout your activity.

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