Who is involved?

This declaration must be made by natural or legal persons who have created or acquired an establishment during the year 2023 in which they carry out a taxable activity as a self-employed person located in France.

It also covers significant changes in the activity carried on in the establishment and transfers of establishments (partial or total change of operator in 2023 or 1^er January 2024).

The establishment corresponds to ‘any installation used by a company at a given location, or of a production unit integrated into an industrial or commercial unit when it can be operated autonomously’. It can therefore be a factory, a workshop, a shop or a depot for example.

Need to claim exemptions

Taxpayers exempted from CFC must apply for the benefit of this exemption in the Declaration No 1447-C-SD.

Complete box D (page 4 of the form) for the "main exemptions" which are:

• exemptions granted on the basis of the deliberations of local authorities to new companies and new establishments;
• exemptions granted de jure to small commercial companies located in a QPV or certain furnished rentals;
• Exemptions requiring a specific declaration on Form 1465-SD, this concerns regional aid areas, investment aid areas for small and medium-sized companies and rural regeneration areas.

L'Annex No 1447-E, to be attached to Declaration No 1447-C-SD, concerns the other exemptions, namely:

• exemptions granted on the basis of the deliberations of local authorities (concerning ‘Young Innovative companies’, companies of live shows, etc.);
• exemptions granted by law unless local authorities decide otherwise (concern establishments located in the employment areas to be revitalized...);
• other exemptions from duty.

Finally, the special declaration no 1465-SD must be granted where the exemption relates to operations carried out in regional aid areas, aid for investment by small and medium-sized companies and rural regeneration areas.

How and where to file your return?

Declaration No 1447-C-SD must be lodged with the companies' tax department on which the establishment concerned depends. This deposit is made in a single copy for each institution created or acquired in 2023.

This declaration must include the exemption requests that you can benefit from.

What are the penalties for delay?

Penalties in the form of surcharges will apply if the return is not filed before December 31, 2023 inclusive:

• 10 % of the CFE in the case of lodging of the declaration within 30 days of receipt of a formal notice (notified by registered letter);
• 40 % of the FTC where the declaration has not been lodged within 30 days of receipt of a formal notice (notified by registered post);
• 80 % of the EWC in the event of the discovery of a hidden activity (undeclared work or illegal activity).

If the statement contains omissions or inaccuracies, other penalties are:

• 40 % of the CFE in the case of deliberate non-compliance;
• 80 % of the CFE in the case of abuse of rights; this penalty shall be reduced to 40 % where it is not established that the taxpayer was the principal initiator of the act or acts constituting the abuse of rights or was the principal beneficiary thereof;
• 80 % of the CFE in the case of fraudulent operations.