OECD TP Guidelines · France

Transfer Pricing Tool
— France

France transfer pricing rules, documentation requirements, and penalty regime. Free OECD-compliant benchmarking tool with arm's length range analysis.

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Transfer Pricing in France

France applies transfer pricing rules through Article 57 of the Code Général des Impôts (CGI), which permits the French tax authorities (DGFIP) to reassess profits transferred indirectly to related entities outside France. Article 57 establishes a rebuttable presumption of profit transfer when the French entity transacts with entities in low-tax jurisdictions — shifting the burden of proof to the taxpayer. France follows OECD Transfer Pricing Guidelines and applies the standard interquartile range (25th–75th percentile). The French administrative guidelines (Bulletin Officiel des Finances Publiques — BOFiP) provide detailed interpretation of the arm's length principle in the French context.

French TP documentation requirements are codified in Articles L13 AA and L13 AB of the Livre des Procédures Fiscales (LPF). Documentation is mandatory for companies meeting specific size thresholds — annual turnover or gross assets exceeding €400 million, or subsidiaries/parents of companies meeting this threshold. Documentation must include a Master File (fichier principal) and a Local File (fichier local) following OECD Chapter V. The documentation must be available at the commencement of a tax audit and must be provided within 30 days of an audit request. Country-by-Country Reporting is required for French-parented groups with consolidated revenue exceeding €750 million.

France is known for aggressive transfer pricing enforcement. The DGFIP has dedicated TP audit teams (Brigade de Vérification des Prix de Transfert — BVPT) that focus exclusively on multinational TP issues. Common audit targets include: French manufacturing entities earning below-market margins, French distributors with thin margins on intercompany purchases, management fee charges from foreign head offices, and IP royalty payments to group entities in favourable jurisdictions. France has actively pursued mutual agreement procedures (MAPs) and APAs — particularly bilateral APAs with Germany, the UK, and the US — as mechanisms for resolving TP disputes and providing advance certainty.

France TP Quick Reference

Local TP Legislation
Article 57 Code Général des Impôts (CGI), Article L13 AA and L13 AB Livre des Procédures Fiscales (LPF)
Tax Authority
Direction Générale des Finances Publiques (DGFIP)
Documentation Threshold
TP documentation mandatory for companies meeting ANY of: (1) annual turnover or gross assets ≥€400M; (2) subsidiary (>50%) of a company meeting threshold (1); (3) parent of a subsidiary meeting threshold (1); (4) member of a tax-integrated group including a company meeting threshold (1). Master File + Local File + CbCR for groups with €750M+ consolidated revenue.
Percentile Range
25th–75th percentile
Penalty Regime
Non-preparation of documentation: 0.5% of income reassessed (minimum €10,000). Late filing: €10,000 per country for CbCR. Additional penalties: 40% surcharge for deliberate non-compliance, 80% for abusive arrangements. France is known for aggressive enforcement — DGFIP TP adjustments can be substantial.

Common TP Audit Triggers in France

French entity margins below industry benchmarks

Significant IP royalty or management fee payments to foreign entities

CbCR data showing low French profitability relative to substance

Business restructurings transferring functions out of France

Transactions with entities in low-tax jurisdictions (Article 57 presumption)

Large intercompany loan balances with interest deductions

France vs. OECD Guidelines: Key Differences

France follows OECD IQR (25th–75th). Key differences: (1) Article 57 presumption for low-tax jurisdiction transactions (burden of proof reversal); (2) €400M turnover/asset threshold for documentation; (3) dedicated TP audit teams (BVPT); (4) 0.5% penalty on reassessed income (minimum €10,000); (5) active bilateral APA programme.

Frequently Asked Questions — France Transfer Pricing

What are the French TP documentation requirements?
Documentation is mandatory for companies with turnover or gross assets ≥€400M (or subsidiaries/parents of such companies). Master File + Local File following OECD Chapter V required. Must be available at audit commencement and provided within 30 days. CbCR for groups with €750M+ consolidated revenue.
What are the penalties for TP non-compliance in France?
Non-preparation of documentation: 0.5% of reassessed income (minimum €10,000). Late CbCR filing: €10,000 per country. Additional penalties: 40% for deliberate non-compliance, 80% for abuse. France actively enforces TP rules — the BVPT is a dedicated TP audit team.
How does Article 57 CGI's burden of proof work?
Article 57 creates a rebuttable presumption of profit transfer when the French entity transacts with entities in low-tax jurisdictions (effective tax rate <40% of French rate). The burden shifts to the taxpayer to demonstrate arm's length pricing. For transactions with entities in normal-tax jurisdictions, the burden of proof remains with the DGFIP.
Does France offer Advance Pricing Agreements?
Yes. France has an active APA programme. Unilateral APAs are available but bilateral APAs (particularly with Germany, UK, US) are more common and provide double taxation protection. The APA process typically takes 18-24 months. The DGFIP also participates in EU Arbitration Convention procedures for TP disputes.
What triggers a TP audit in France?
Common triggers: French entity margins below industry benchmarks, significant IP royalty payments abroad, management fees from foreign head offices, CbCR data showing profit misallocation, business restructurings reducing French taxable base, and intercompany loan arrangements with non-market terms.

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