Why the structure matters for your file
From a strict tax law point of view, the seller cares about one thing: the 2048-IMM is signed by an entity that holds the agrément and that the local centre des impôts will accept. Both an accredited company and an accredited individual fit that requirement. From a project management point of view, the seller cares about something else: the deal closes on a date set by the buyer, the notaire, and the bank, and any missed window pushes the act of sale by weeks. That is where the structure of the representative matters. A firm has redundancy by design; an individual does not.
What each structure actually is
An accredited company (société agréée) is a legal entity, often an SAS or SARL, sometimes the French branch of a foreign accountancy or law firm, that holds the DGFiP accreditation in its corporate name. The mandate is signed between the seller and the company, and the company assigns a named partner and a backup to the file. The entity persists across staff turnover, holidays, and individual retirements.
An accredited individual (personne physique agréée) is a natural person, typically a French chartered accountant or a lawyer, who has obtained the agrément in personal name. The mandate is signed with that individual. The fee scale tends to be slimmer because the overhead is lower; the trade off is that everything depends on the availability and the lifespan of one person.
Side by side comparison
| Dimension | Accredited company | Accredited individual |
|---|---|---|
| Legal validity before the Treasury | Full | Full |
| Continuity if signatory becomes unavailable | Backup partner inside the firm | None; mandate must be reassigned |
| Survival across the 4 year audit window | Entity persists | Risk if individual retires or dies |
| Typical professional indemnity ceiling | Several million euros per file | Often capped, sometimes modest |
| Headline fee for a €600,000 sale | 0.6% to 1.0% range | 0.4% to 0.8% range |
| Best fit | High value, complex, audit prone | Standard sale, single seller, modest value |
Worked example
An Australian couple in their late sixties is selling a Bordeaux house for €580,000 in 2026, owned for nineteen years, no SCI, no works invoices, residency abroad confirmed by the consulate. The file is straightforward. Two quotes arrive: an individual accredited representative at €3,200 fixed and a firm at €4,400 fixed. The work product is identical on this profile, the audit risk is low, and the couple plans to be back in France for the deed. The individual makes sense, the saving is real, and the trade off (no backup) is acceptable on a one off file with no late drama. Now change the parameters: same couple, same house, but they hold it through an SCI with three foreign minority shareholders. The audit window is now four years on a structure the Treasury watches. The couple chooses the firm; the €1,200 premium buys continuity if the audit letter arrives in year three.
Pitfall to avoid
The pitfall is hiring an accredited individual without checking succession. If the individual representative passes away or retires inside the four year audit window, the joint and several guarantee that comes with the agrément ends with the natural person. The Treasury can then pursue the seller directly for any reassessment, with no buffer. Mitigate this by asking, in writing, what happens to your file if the signatory becomes unavailable: a reputable individual representative will name a colleague who agrees to take the mandate over, or insist on a corporate vehicle behind the scene. No succession plan, no individual mandate.
Pro tip
Whichever structure you choose, ask for the professional indemnity policy ceiling and the named insurer. A firm with €5 million PI cover and a top tier insurer is materially safer than a firm with €500,000 cover from a captive arrangement. The premium difference shows up in the fee, but on high value sales the protection is worth multiples of the fee. Individuals can also carry strong PI cover; you simply have to ask for the certificate, not the marketing brochure.
Key takeaways
- Both structures are equally valid before the French Treasury.
- A firm offers continuity across staff changes and the audit window.
- An individual is often cheaper but carries succession risk.
- For sales above €1.5 million or SCI structures, lean corporate.
- Always request the professional indemnity certificate, with the ceiling.
Frequently asked questions
Is one structure cheaper than the other?
On average, individuals quote slightly lower headline fees, but quotes converge once volumes are similar. The real cost difference is in the support model: a firm absorbs sick days and holidays without missing a deadline, an individual cannot.
Does the Treasury treat them the same?
Yes. The agrément is granted to the entity that holds it, whether a company or an individual. The 2048-IMM is accepted on the same legal basis. The risk profile to the Treasury is identical.
What happens to my file if the individual representative dies or retires before the audit window closes?
The tax authority can pursue the seller directly, because the joint and several guarantee dies with the natural person. With an accredited company, the legal entity persists; that is the strongest argument for the corporate route on long audit windows.
Can an individual representative sign for a high value transaction?
Legally yes, but you may struggle to obtain professional indemnity cover proportionate to the risk. Above €1.5 million sale prices, most cautious sellers prefer a firm with a documented PI policy.