Subsidiary company + holding

We can set up your subsidiary in France, Scotland or Ireland, wholly or partly owned by your English holding company.

image_2021_10_15T11_41_54_086Z-q9qsgx6mtse30fik3icnoejoxnsxfqkewi02ecwirs

This model has several advantages:

– France: having a presence in France, which is mandatory for the majority of activities on French territory,

– adopt the principle of a BtoB tax exemption (UK International Holding) on professional dividends paid to your English holding company (see page on creating a holding company)*,

– avoid losing your customers for good,

– give a second life to your business,

– reinvigorate your business.

Why set up a subsidiary for your holding company?

A subsidiary in France will enable you to justify your activity to the French tax authorities.

Having a subsidiary in France will also enable you to pay VAT and, if you have employees, to pay salaries and social security contributions.

What’s more, having a subsidiary in France can enable you to pay dividends to your London holding company, which in turn can benefit from an exemption (up to -95%) on its professional dividends*.

In order for the London holding company to claim rights over the subsidiary, it will obviously need to own shares in the subsidiary (minimum 10%).

exomeration

– As a result, profits made by companies headquartered in France in businesses operating abroad are not subject to French tax, even if the accounting for these businesses is centralized in France.

– …French companies can avoid corporate income tax, not only on profits from an establishment located abroad,…”

https://www.impots.gouv.fr/portail/international-professionnel/questions/une-entreprise-etrangere-peut-elle-etre-soumise-limpot-sur-les#:~:text=(disposition%20du%20I%20de%20l,exploitations%20est%20centralis%C3%A9e%20en%20France

– Hague Convention – 1992 – Decree 92-521 “Any natural or legal person resident in the European Community has the right to set up a company in the country of his choice without having to be resident there for tax purposes”.

– “Dividends received by a UK company will generally be exempt from corporation tax. This applies to dividends received from non-UK companies.”

https://www.eaiinternational.org/public_files/prodyn_img/royaume-uni.pdf

– In the event that dividends are paid by a French company to a British company which holds, directly or indirectly, at least 10% of the capital of the French company, no withholding tax will be due in France in application of the agreement.

https://www.impots.gouv.fr/sites/default/files/media/1_metier/5_international/brexit/20210313_faq_brexit_nid_13663_professionnels.pdf

*You must pay taxes in your country of tax residence.

(1) Please note: we do not give any advice, in particular tax advice, on cross-border TUP and or the creation of an extra-territorial company; you should seek advice from a tax lawyer before ordering a TUP or extra-territorial company from us. A cross-border TUP must be justified by an economic interest: a valid reason for tupping; you cannot organize your insolvency or transfer assets and liabilities without consideration. The company to which you transfer your company’s assets must have an economic reason for absorbing your company: similar activities, holding (management, financing), pooling of operating costs, human resources, infrastructure (movable (offices), real estate), clientele, added value, know-how, customer relations, intellectual property, etc. The creation of an offshore company remains your property if you are the beneficial owner: you are accountable to the authorities in your country of tax residence, even if you own only part of the offshore company. For cross-border TUPs, the cost of the legal announcement (around €290 excl. VAT) is added to the cost of the procedure (€890 excl. VAT); if you don’t have a holding company, allow an extra €790 excl. VAT for its creation.
We do not draw up private deeds: you will fill in a form which will generate the specific documents. These documents have been validated several times by a lawyer, and have enabled us to carry out several successful cross-border TUPs before the competent courts. To register a TUP online, you will be asked to pay an additional fee of €490 (excl. VAT).