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Consultants: How to Choose Your Social and Tax Status?

Choose Your Social and Tax Status

Many executives in companies aspire to settle as consultants, for want of independence or ambition. Indeed, why not value your experience gained for your own account. Moving from dreams to reality assumes that we take the true measure of reality. Undoubtedly, you know how to be attentive to the various benefits of the pension and retirement plan that your company can provide. However, by creating your consulting business, you must consider that the choice of the social and fiscal regime is crucial for the viability of your business . The choice of legal status affects, in particular, taxation. The different options depend, and the amount of social levies and taxation, but also your personal situation. Before starting your activity as an independent consultant, it is therefore necessary to make creative choices ( legal status, social status, taxation)

MB & Scott accompanies you here in the maze of the main social and tax systems.

Choosing your social status before the creation

The independent consultant or consultant is affiliated to the general scheme when he carries out his activity in SASU In other cases, the independent advisor is affiliated with the self-employed plan.

  • The independent consultant affiliated to the general scheme

You have opted for a   SASU . You will then be affiliated with the general plan, and will have to contribute to the pension funds for your retirement.

  • The independent consultant affiliated to the IHR

In other cases, the independent consultant or consultant is affiliated to the self-employed scheme. Your social protection will be much cheaper for you, 40% of social contributions instead of 80% for the consultant affiliated to the general scheme .

Where annual income is less than EUR 32 900, the independent consultant may be granted the status of a self-contractor or a micro-enterprise scheme. In this case, the social charges are calculated directly on receipts collected at the rate of 23.30%. On the other hand, the independent consultant is affiliated to the CIPAV for retirement and disability-death. 

The strategic choice of tax status

As for your social status, the taxation of the self-employed depends on the status they have chosen to exercise.

  • Taxation of company profits

The taxation of the profits made by the independent consultant depends on his choices when setting up his business. If you have opted for a legal status of a company subject to the SI, realized profits will be taxed at the rate of 15% on the first 38,112 euros of profit then to 33,33% beyond.

  • VAT liability

The independent consultant must make a VAT return according to certain periodicities determined scheme chosen when the company is created. Where the annual revenue does not exceed EUR 32 900, it is possible to opt for the exemption from VAT.

  • The personal taxation of the independent consultant

The taxation of the independent consultant is linked to the options chosen when the company was founded. He is personally taxed on income tax on his non-commercial profit (NCB ) when he exercises:

  • in an individual company or in EIRL and subject to the IR,
  • In EURLet subject to IR,
  • in SASU and subject to IR.

If the annual revenue is less than EUR 32 900, the independent consultant will be granted the status of a self-contractor or a micro-BNC scheme. It will then be imposed:

  • On a flat-rate profit equal to 66% of the revenue it has received , taking into account the 34% reduction it enjoys.
  • immediately by withholding at the rate of 2.2% of the revenue it entered .

 When the independent consultant carries on a business subject to corporation tax, he is personally taxed on income tax:

  • On the amount of his remuneration, after deduction of 10% for professional expenses,
  • On the amount of its dividends, after deduction of 40% on the gross dividend.

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