Why a maître d'œuvre needs a specialist accountant#
A maître d'œuvre (MOE) — French construction project manager — holds a uniquely demanding position in the building chain: they design the project (engineering studies), coordinate contractors (direction of works) and carry ten-year decennial liability for every structure they deliver. This triple responsibility — intellectual design, on-site coordination and long-tail legal liability — produces an accounting and tax profile that few generalist accountants fully master.
First specificity: progress billing under the Loi MOP. When an MOE works on a public contract (hospital, school, public building), fees follow the mission phases set by the Loi MOP of 12 July 1985 (public construction project management) and its implementing decree of 29 November 1993. Each phase (ESQ, APS, APD, PRO, ACT, EXE, DET, OPC, AOR) is invoiced separately at a defined stage of completion. Recognising these staggered fees correctly — in step with the real progress of studies and works — is essential to a faithful set of accounts.
Second specificity: VAT on works and on fees. The MOE charges their own fees at the standard 20% VAT rate (intellectual services). But they also supervise contractor invoices paid by the client: when the MOE acts as a delegated client, they can be involved in managing VAT flows (reverse-charge on construction subcontracting, reduced 5.5% or 10% VAT on energy-renovation works). The boundary between pure advisory missions (20%) and missions that include equipment supply or works (potentially reduced rates) must be drawn precisely.
Third specificity: decennial liability insurance and professional civil liability. Every MOE must hold a decennial professional civil liability policy covering accepted works for 10 years. The annual premium — often €2,000 to €20,000 depending on turnover and project types — is fully deductible. Its annual recognition (sometimes spread as a prepaid expense when a single premium covers more than one financial year) is a faithful-view issue.
Fourth specificity: subcontracting and partner fee notes. MOEs frequently rely on freelance collaborators or specialist subcontractors (structural engineering, MEP engineering, quantity surveyors, surveyors). These fee rebates are deductible from the MOE's profit but must be correctly qualified (genuine subcontracting versus disguised employment) to avoid tax or social-security reclassification.
A specialist accountant delivers direct value on these four fronts: Loi MOP compliance and progress billing, VAT optimisation, decennial insurance handling and subcontracting structure.
2026 accounting and tax issues specific to maîtres d'œuvre#
Loi MOP and mission-phase billing#
The Loi MOP defines nine mission phases for the design and construction supervision of a public-sector building:
| Phase | Acronym | Content | Typical % of fees |
|---|
| Preliminary studies | EP/ESQ | Feasibility, sketch | 4-8% |
| Outline design | APS | Technical programme definition | 8-12% |
| Detailed design | APD | Detailed cost estimate | 10-15% |
| Project | PRO | Full technical documents | 15-20% |
| Tendering assistance | ACT | Tender docs, bid analysis | 5-8% |
| Construction studies | EXE | Execution drawings, coordination | 12-18% |
| Construction supervision | DET | Site supervision, drawing approvals | 15-25% |
| Site coordination | OPC | Programming, site meetings | 5-10% |
| Acceptance assistance | AOR | Handover, snag-list clearance | 3-5% |
Each phase is invoiced when complete or on a schedule defined in the contract. Percentage-of-completion accounting (FAE / TEC method — accrued revenue and work in progress) is mandatory to give a faithful view of profit, particularly for MOEs running several projects at different stages of completion in parallel.
For private contracts, fee structuring is more flexible (lump-sum, firm + conditional tranches), but the progress-billing principle remains the best practice.
VAT: rules and traps for the maître d'œuvre#
VAT on MOE fees: maître d'œuvre fees are intellectual services subject to 20% VAT, whether the project is new build, renovation, or works for a private individual.
Exception — reduced VAT on certain bundled missions: if the MOE delivers a full-scope mission including energy renovation works on a dwelling more than two years old, and the mission includes both design and the supply and installation of eligible equipment (insulation, boiler, heat pump), reduced VAT (10% or 5.5% depending on the equipment) may apply to the works portion. This hybrid invoice (20% services + reduced-rate works) requires detailed and rigorous billing.
VAT reverse-charge (autoliquidation): when the MOE subcontracts works to construction firms that invoice under reverse-charge (mandatory for BTP subcontractors of a principal contractor), the MOE declares the VAT on behalf of the subcontractor on their own VAT return. This mechanism is a frequent source of errors (VAT declared but not remitted, or the opposite).
VAT chargeable event: like for engineering firms, MOE fees fall under VAT on debits by default. Opting for VAT on receipts (cash-basis VAT) can free up significant cash when payment terms are long (public contracts: 30-day legal cap, but practical delays are common).
Decennial insurance: accounting and tax impact#
The MOE's decennial insurance covers their liability for 10 years after acceptance. Correct accounting matters:
- Annual premium: deductible in the year it falls due (cash basis for BNC, accrual basis for IS companies)
- Multi-year premium: when the MOE pays a single multi-year premium, only the portion relating to the current year is deductible — the remainder is recognised as a prepaid expense (CCA)
- Deductibles (excess) not recovered on a claim are a deductible expense
- Provisions for declared but unresolved claims: when a claim is being processed but not yet settled, a provision can be booked
In 2026, decennial premiums in the MOE sector are up 8-15%, reflecting higher loss ratios (energy diagnostics, retrofits, new construction techniques). This increase directly impacts profitability and must be anticipated in the budget.
Legal structure: BNC or corporate tax?#
The maître d'œuvre can operate under several structures:
Sole practice (BNC, return 2035): suited to individual MOEs without employees or with very few collaborators. Pros: simplicity, no IS filing, TNS (self-employed) social charges (lower for moderate income). Cons: unlimited liability on personal assets, no goodwill amortisation.
EURL or SARL under corporate tax (IS): recommended once profit exceeds €60,000-80,000. IS (15% up to €42,500, then 25%) combined with optimised director compensation lowers the total tax burden. Liability is capped at contributions.
SAS or SASU: recommended when the MOE plans to bring in partners (equity entry), raise funds, or build a multi-office firm. The "assimilated-employee" status of the president provides broader social cover (including unemployment, unlike TNS managers). BSPCE share warrants can lock in key collaborators.
SELARL or SEL: some MOEs operate via sociétés d'exercice libéral (liberal-profession companies) to combine liberal-profession status with corporate tax. Less common and more complex to administer.
Our firm runs an annual comparative simulation for every client to identify the optimal regime as turnover and profit evolve.
Cash flow management: MOE-specific tensions#
The cash flow of a maître d'œuvre practice is subject to recurring pressures:
- Gap between progress and billing: studies are completed before the corresponding invoice can be issued (uninvoiced FAE), creating a structural working-capital requirement.
- Long payment delays on public contracts: despite the legal 30-day cap on public-sector payment terms (60 days for private contracts), real-world delays are common. Statutory late-payment interest (ECB rate + 8 points) is automatically due but rarely actually invoiced.
- Insurance premiums and social contributions: decennial insurance (annual or biannual), CIPAV or URSSAF charges (TNS) and VAT all fall due on fixed dates, creating outflow peaks unaligned with collections.
- Decennial claims: a defect not covered by insurance (high excess, contractual exclusion) can trigger an exceptional outflow.
We build a monthly forecast cash plan integrating the billing pipeline (open missions × completion × remaining fees), major scheduled outflows (insurance, social charges, IS instalments) and subcontracting flows.
Our services for maîtres d'œuvre#
Specialist MOE bookkeeping#
- Percentage-of-completion accounting (FAE / TEC) for every multi-year contract
- Cost accounting per mission: budgeted versus actual fees, subcontracting per project, overruns
- Insurance accounting: premium recognition, claim provisions, deductible monitoring
- Tax filings: 2035 (BNC liberal), 2065 (IS — SARL / SAS / SELARL) depending on structure
- VAT returns: monthly or quarterly, including subcontractor reverse-charge handling
Tax and social optimisation#
- IS vs BNC simulation: calculation of the optimal transition threshold given your real income
- Director compensation: salary / dividends mix, deductible PER (retirement savings plan), Madelin retirement savings (for BNC)
- Expense deductibility: decennial insurance, site-visit travel (mileage or actual costs), IT equipment, professional training
- Disposal capital gains: optimisation of capital gains when the practice is sold (length-of-holding relief, exemption when turnover is under €90,000 for service providers)
Payroll and team management#
For MOEs employing collaborators (architect-assistants, quantity surveyors, draftspeople), we run payroll under the applicable collective bargaining agreement (Syntec for engineering firms, or the Architecture CBA for MOEs in architectural agencies):
- Payroll and social-charges calculation (monthly DSN filing)
- Meal vouchers, mandatory healthcare cover and provident scheme
- Social-security filings (URSSAF, retirement, provident funds)
- Sick leave, paid leave and RTT management
Practice creation and acquisition support#
We support new maîtres d'œuvre in setting up their practice:
- Choice of legal form and drafting of articles of association
- Registration via the INPI one-stop business formalities portal
- Membership of UNTEC (National Union of Construction Economists and Coordinators) or of the Architects Order where applicable
- Decennial insurance underwriting: comparison of policies, exclusion review, cover matched to your project types (housing, public-access buildings, industrial)
- Financial projections: turnover and profitability modelling over 3 years
| KPI | Formula | MOE target |
|---|
| Fee ratio to works cost | Net fees / Total net works cost | 6-12% |
| Billing rate | FAE + invoices issued / Works delivered | > 90% monthly |
| Client days-sales-outstanding | (Receivables / Turnover) × 365 | < 60 days |
| Subcontracting ratio | Subcontracted fees / Net fees | 15-40% |
| Operating margin | EBITDA / Net turnover | 20-35% (liberal), 15-25% (IS) |
| Decennial insurance ratio | Annual premium / Net turnover | < 3% (target) |
| Billable utilisation | Billable hours / Available hours | > 80% |
Case study: optimising an independent MOE practice#
Situation: Mr Faure, independent maître d'œuvre under BNC for 8 years, €220,000 net turnover, BNC profit €95,000, marginal tax rate 41%. No employees, three regular subcontractors (structural engineering, quantity surveyor, surveyor). Decennial insurance (€14,000/year) and CIPAV/URSSAF social charges (€32,000/year) absorb a large share of income. Mr Faure handles a mix of public and private contracts.
Issues identified by our firm:
- BNC regime not optimised: with €95,000 profit and a 41% marginal tax rate, moving to a corporate-tax company would deliver significant savings.
- Decennial insurance: the €14,000 annual premium was deducted entirely in the year of payment — yet part of it covered the following year (premium paid in advance). Correction: €3,500 prepaid expense → restated profit.
- Cash-basis VAT not elected: Mr Faure paid VAT 60-90 days before actually collecting from public clients. Switching to cash-basis VAT → €15,000 first-year cash relief.
- Subcontractors and VAT: two subcontractors (micro-enterprise scheme) did not charge VAT — no issue — but the third (VAT-registered) invoiced without reverse-charge → corrected.
Actions taken:
- Creation of a SASU under IS with the BNC client base contributed in kind (valued at 1.5 × turnover = €330,000). Contribution exempt from capital gains with tax deferral (CGI article 151 octies).
- Compensation: net salary €60,000/year (employer charges ~€28,000) + dividends €30,000 (flat tax 30%). IS-taxable profit after compensation: €220,000 − €88,000 (salary + charges) − €12,500 (net insurance) − €30,000 (subcontracting) = €89,500. IS at 25%: €22,375 versus prior 41% × €95,000 = €38,950 (without retirement deduction).
- Cash-basis VAT elected from SASU incorporation.
- Retirement savings plan (PER) topped up at 10% of gross salary (deductible against IS) → additional €8,800 deduction.
Total annual tax and social savings: ~€22,000.
Common pitfalls in maître d'œuvre practices#
1. Not opting for cash-basis VAT when clients pay slowly#
For an MOE working with public clients paying at 30-60 days (sometimes 90), staying on debit-basis VAT means pre-financing the VAT. Switching to cash-basis VAT is straightforward and can release €10,000-€20,000 of cash in the first year.
2. Booking the full decennial premium in the year of payment#
If the premium partly covers the following year (annual premium paid in July → 5 months on the next financial year), the current-year charge must be prorated. Otherwise, profit is artificially reduced by a charge belonging to year N+1.
3. Mishandling subcontractors on public contracts#
On public contracts, subcontractors must be declared and accepted by the client (Subcontracting Act of 31 December 1975). An undeclared subcontractor cannot benefit from direct payment, and the MOE remains solely liable for unpaid invoices. Our firm checks contractual compliance at the start of every new project.
4. Underpricing fees in the design phase to win the contract#
Underpricing the APS/APD/PRO phases (often to secure the contract) translates into negative profitability in the DET/AOR phases (site supervision), which are the most time-consuming. Phase-by-phase forecasting flags structurally loss-making missions before signature.
5. Not provisioning ongoing decennial claims#
A decennial claim being processed (reported defects, ongoing expertises) should be provisioned if the excess or part of the repair costs may fall on the MOE. Ignoring this provision leads to an unpleasant surprise on settlement.
Why Hayot Expertise for your MOE practice#
Our firm has been supporting independent maîtres d'œuvre and MOE companies for over 10 years. We master Loi MOP, VAT on MOE services, decennial insurance and the accounting management of long-tail contracts. We deliver tailored engagements suited to your activity (a few public contracts per year as a sole practitioner, or a multi-collaborator IS firm). Free quote within 24 hours — first meeting on the house.