1. Takeover vs creation: a distinct yet permeable aid framework
The creation/takeover distinction determines eligibility to several schemes, despite an often-fluid boundary.
Business creation refers to launching a new economic activity, without acquiring an existing goodwill or shares. Takeover refers to acquiring an existing business via goodwill transfer, share repurchase (social parts or shares), management lease with purchase option, or succession/donation. Both frameworks open distinct aids: ACRE is common but with slightly different modalities; ARCE is accessible to both; NACRE as well; the Initiative France honor loan sometimes distinguishes its amounts between creation and takeover (with a higher ceiling for takeover, up to €80,000 on some platforms).
Several schemes are specifically reserved for takeover. The acquirer tax credit (article 199 terdecies of the French Tax Code) grants a 25% income tax reduction on loan interests taken to acquire a business, within a €60,000 interest cap (€40,000 for a single person, doubled for a couple). The Dutreil pact (article 787 B of the French Tax Code) exempts 75% of free-transfer transfer taxes (donation or succession) under collective conservation commitment of titles for 4 years then individual for 4 additional years.
The boundary between creation and takeover concerns notably goodwill acquisitions without company purchase. An SASU created to acquire an existing goodwill is legally a creation, but the economic activity taken over by that SASU benefits from several takeover schemes (ARCE retake, tax credit). The distinction is assessed by the administration case by case — secure from the start with a preliminary consultation at the Business Tax Service.
Why take over rather than create?
Statistically, the 5-year survival rate of a takeover is 75 to 80% (Bpifrance 2024 figures), versus 50 to 60% for ex-nihilo creation. Existing clientele, started turnover, and banking history considerably shorten the launch curve. In return, the initial acquisition cost is significant (typically 3 to 5 times EBITDA for a small business).