Michaela Merz

France – change in invoicing as from 1 January 2013

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As from 1 January 2013 an additional wording needs to be stated on invoices, based on Article L 441-3 of the French Commercial Code. Articles L. 441-3 and L. 441-6 of French Commercial Code state that each invoice and terms of sale related to transactions governed by French commercial law (including cross border transactions governed by French Law) should mention that a lump sum of € 40 is due for each invoice paid with delay. These € 40 will not be subject to VAT.

In case a business does not mention the application of the € 40 penalty in its terms of sale it may face a € 15 000 penalty, If the statement is missing on an invoice, businesses could face a penalty of € 75 000.

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