Attached Documents
The cessation of business declaration must be accompanied by the information and documents proving its validity and required to determine the taxable profit, particularly the following documents:
- In case of sale: the sale agreement or assignment of the leased premises.
- In case of bankruptcy: the bankruptcy judgment.
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Expiry of the company’s fixed term or the will of the partners / shareholders:
- The company’s articles showing the company’s term, if cessation is due to the expiry of the company’s fixed term.
- The minutes of the partners’ decision to cease business in the case of partnerships.
- The minutes of the extraordinary general assembly deciding cessation of business in the case of capital companies.
- In case of liquidation: the liquidator’s report.
- In case of death: the death certificate.
- In case of expropriation of the entire establishment: the expropriation decision.
- In case of merger: the merger agreement.
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In the case of persons exempt from profits tax other than companies:
- The decision withdrawing the notification and information document.
- The articles of incorporation if they include a fixed term and cessation is due to the expiry of this term.
- The decision taken to cease business.
Notes
- A taxpayer who submits a declaration of permanent cessation of business must continue submitting an annual non-operation declaration within the annual declaration deadline, after completion of the liquidation process and until deregistration from the commercial register, civil register, or syndicate.
- A taxpayer who submits a declaration of temporary cessation of business must submit the annual declaration within the legal deadline for the first year in which business was interrupted. The taxpayer remains required to submit an annual non-operation declaration, within the annual declaration deadline, throughout the period of interruption of business, until the tax administration is notified of the resumption of business activity. The taxpayer must keep all accounting books and records that were used on the date of temporary cessation of business for use upon resumption of business. The opening balances upon resumption of business must match the account balances on the date of cessation of business.
- Subject to the legal provisions relating to joint liability, submitting a cessation of business declaration does not cancel the taxpayer’s responsibility to pay taxes due for the period during which the taxpayer carried out the taxable activity, whether such taxes were assessed or became collectible before or after cessation.