Remuneration of a director of a SELARL: income available under certain conditions
mer., 18 févr. 2015 16:44:00 +0100
The Council of State defined the fate of compensation of the manager of a limited liability professional partnership (SEARL): the compensation of the manager of an SELARL must, before any payment to its benefit, be determined either in the articles of association or by decision of the partners. It is then considered as disposable income and, consequently, subject to income tax.
This legal aspect of income is important because, otherwise, compensation is impossible by law even if the amounts are posted as costs on the company's accounts.
The Council of State Order dated 5 November 2014 confirms this legal obligation, without the possibility for exemption. Upon the occasion of this Order, the high jurisdiction specified that even a general meeting constituted of joint managers cannot modify this obligation of having determined, in advance, disposable compensation, at the time of formation of the SELARL.