Tax Strategy

The 30% Arbitrage: How to Exploit France's R&D Tax Credit Better Than French Companies Do

€6B/year available. Most French companies leave money on table. International companies who understand the system capture massive value. Here's how.

France's Best-Kept Secret

France offers a 30% tax credit on R&D expenses. €6 billion distributed annually. It's Europe's most generous R&D incentive.

Yet most companies—even French ones—don't maximize it.

International companies who understand the system can:

  • Reduce R&D costs by 30% vs any other European country
  • Structure to capture credit even with minimal French presence
  • Receive cash refund (not just tax deduction)
  • Combine with other incentives (JEI status = 50%+ total reduction)
30%
Cash refund on eligible R&D expenses—highest in Europe

How the CIR Works (Crédit d'Impôt Recherche)

The Basics

  • Rate: 30% of eligible R&D expenses (no cap)
  • Form: Cash refund or tax credit
  • Timing: Claim in annual tax return, receive within 12 months
  • Eligibility: Any company doing R&D in France (French or foreign)

What Qualifies as R&D?

✅ Eligible Expenses:

  • Salaries: Researchers, engineers, technicians working on R&D (biggest component)
  • Equipment: Lab equipment, prototyping tools, specialized software
  • Patents: Filing costs, IP protection
  • Subcontracting: External R&D (universities, labs) up to limits
  • Supplies: Materials consumed in R&D process

❌ NOT Eligible:

  • Marketing, sales, admin
  • Production/manufacturing (unless prototyping)
  • Standard IT development (must be innovative)

The Math: Real Example

Scenario: Tech startup with 10 engineers in Paris

10 engineers × €80K gross salary €800K
+ Employer charges (45%) €360K
Total cost €1,160K
Engineers spend 80% time on R&D ×0.8
Eligible R&D expenses €928K
CIR at 30% €278K refund

Effective R&D cost: €650K (44% discount on engineer salaries!)

The Arbitrage Plays

Play 1: R&D Center in France, Sales Elsewhere

Structure:

  • French entity employs R&D team (engineers, researchers)
  • UK/US entity handles sales, marketing, customer success
  • French entity invoices UK/US entity for R&D services

Benefits:

  • 30% CIR on French R&D costs
  • French engineers cost 40-50% less than US/UK
  • Combined arbitrage: 60-70% R&D cost advantage vs full US operation

Example: SaaS Company

  • 15 engineers Paris (R&D)
  • 5 sales reps London (GTM)
  • R&D cost with CIR: €1M effective (vs €2.5M if in SF)
  • Capital efficiency: 2.5x better

Play 2: Acquire French Tech Company for R&D Capacity

Strategy:

  1. Buy small French tech company (€5-15M)
  2. Keep French R&D team (eligible for CIR)
  3. Offshore all R&D from expensive locations to France
  4. Capture 30% CIR on all French R&D

Math:

  • Acquire French company: €10M
  • Move 30 engineers from SF to Paris over 24 months
  • Salary savings: €3M/year (€180K SF vs €105K Paris all-in)
  • CIR benefit: €900K/year (30% of €3M R&D cost)
  • Total annual savings: €3.9M
  • Acquisition pays for itself in 2.5 years just from arbitrage

Play 3: Structure IP in France

Advanced Strategy:

  • R&D in France generates IP
  • IP owned by French entity
  • French entity licenses IP to foreign entities
  • France has favorable IP box regime (reduced tax on IP income)

Triple Arbitrage:

  1. 30% CIR on R&D creating IP
  2. Lower cost French engineers doing the work
  3. Tax-efficient IP licensing structure

Warning: Complex. Requires top-tier tax structuring. But legal and powerful.

Common Mistakes (Even French Companies Make)

Mistake 1: Too Conservative on Eligibility

Problem: Only claiming obvious R&D (PhDs in lab coats). Missing software R&D, process innovation, technical problem-solving.

Solution: If it's novel, uncertain outcome, requires scientific/technical expertise → probably eligible. Track time properly.

Mistake 2: Poor Time Tracking

Problem: No system to track engineer hours on R&D vs production/support.

Solution: Implement time-tracking from Day 1. Even rough estimates okay, but must be documented and justified.

Mistake 3: Not Claiming Subcontracted R&D

Problem: Outsourced R&D to university/lab but didn't claim.

Solution: Subcontracted R&D eligible (with caps). Double CIR rate if done with public research org.

Mistake 4: Missing JEI Status

Problem: Company qualifies for JEI (Jeune Entreprise Innovante) but didn't apply.

Solution: JEI = additional employer charge exemptions on R&D staff. Can combine with CIR for 50%+ total savings.

The JEI Multiplier

JEI (Young Innovative Company) status adds to CIR benefits:

JEI Eligibility

  • Company <8 years old
  • R&D expenses ≥15% of total expenses
  • Independent (not subsidiary of big group)

JEI Benefits

  • 100% corporate tax exemption (Year 1)
  • 50% corporate tax exemption (Year 2)
  • Employer charge exemptions on R&D staff
  • Local tax exemptions

Combined CIR + JEI Math

Example: 5-engineer startup, Year 1

5 engineers × €70K gross €350K
Normal employer charges (45%) €157K
JEI exemption on charges -€120K
Total cost €387K
CIR refund (30%) -€116K
Effective cost €271K

Result: 5 engineers for effective cost of €271K = €54K per engineer

Compare to SF: €180K per engineer

Arbitrage: 3.3x cost advantage

Audit Risk & Mitigation

CIR audits are frequent (20-30% of claims audited). French tax authorities scrutinize because it's €6B/year program.

What Auditors Check

  • Time tracking: Can you prove engineers spent X% on R&D?
  • Innovation: Is work truly novel/uncertain or routine development?
  • Documentation: Project descriptions, technical obstacles, solutions attempted
  • Personnel: Are claimed employees actually doing R&D (not sales/support)?

Audit Defense Best Practices

  1. Document Everything: Technical specs, obstacles encountered, iterations, decisions
  2. Time Tracking System: Even simple (weekly timesheets) better than nothing
  3. R&D Log: Monthly summary of R&D projects, objectives, results
  4. Scientific Advisor: External expert who validates R&D nature (PhD, industry veteran)
  5. Specialized Accountant: CIR-expert accountant prepares claim (€5-15K cost, worth it)

Audit Outcome Stats:

  • Well-documented claims: 5-10% reduction typical (minor adjustments)
  • Poorly documented: 30-50% reduction or full rejection
  • Fraudulent: 100% rejection + penalties + possible criminal charges

International Company Playbook

Step 1: Assess Eligibility (Month 1)

  • Do you have/plan R&D in France?
  • Can you justify R&D nature (novel, uncertain, requires expertise)?
  • Willing to set up proper tracking/documentation?

Step 2: Structure Setup (Months 2-3)

  • Incorporate French entity or use existing
  • Hire French R&D team or transfer roles
  • Set up time tracking system
  • Engage CIR-specialist accountant

Step 3: Documentation System (Ongoing)

  • Weekly: Time sheets (R&D vs other)
  • Monthly: R&D project summaries
  • Quarterly: Review with accountant
  • Annually: File CIR claim in tax return

Step 4: Claim & Receive (Year 1+)

  • File claim in corporate tax return (May following fiscal year)
  • For startups: Immediate refund (no tax owed yet)
  • For profitable companies: Credit against corporate tax
  • Receive refund: 6-12 months after filing

Maximize Your R&D Tax Benefits

We help international companies structure French R&D operations to maximize CIR benefits while staying compliant.

  • Eligibility Assessment: What qualifies for your company
  • Structure Optimization: French entity setup for maximum benefit
  • Documentation Framework: Audit-proof tracking system
  • Accountant Network: Intros to best CIR specialists
  • Ongoing Support: Quarterly reviews, claim prep
Discuss Your R&D Strategy →