When setting up a company, the legal structure chosen determines a number of financial parameters, including the terms and conditions governing the executive's remuneration. There are several ways to optimize your salary as president of a SASU. The room for maneuver lies in social security charges and taxation. Let's take a look at how these different levers can be activated.
A reminder of how a SASU works
The SASU, Société à Action Simplifiée Unipersonnelle, is a legal status similar to the SAS. The major difference lies in the number of associates: unlike the SAS, the SASU has only one.
Another important point is that the status of a SASU manager is different from that of a conventional employee, and can take several forms: associate chairman, non-associate chairman... The managing director is bound to the company by a corporate mandate, not by an employment contract. This arrangement entitles the managing director to remuneration for the duties performed, but also means that no remuneration can be paid. Nor is there any link of subordination to a principal for self-employed workers. As a corporate officer, the manager of a SASU must represent the company in all its management actions.
The sole managing partner of a SASU can be covered by the general Social Security system, providing full protection. However, contributions remain high. This is one of the reasons to look for ways to optimize your SASU salary.
Dividend payments to optimize the remuneration of the SASU chairman
The benefits
This remuneration option means that the SASU does not have to pay the social security contributions linked to the payment of the director's salary, which can amount to 65%, split between employer and employee contributions.
Dividends represent the share of net profits paid out by the company to its shareholders. There are two options for taxing dividends, so you can choose the most advantageous for your personal situation:
- The 30% flat-rate tax (prélèvement forfaitaire unique or PFU), deducted by the tax authorities after tax returns are filed.
- The progressive rate, which makes dividends subject to income tax in the category of income from movable capital (RCM), enabling a 40% allowance to be applied to the gross amount before including it in the income of the tax household.
To optimize this choice of remuneration, it is also possible to consider the payment of a reduced salary, supplemented by dividends. However, the monthly amount must meet the applicable thresholds to enable the SASU's sole managing partner to receive basic social benefits.
Disadvantages
The payment of dividends in lieu of a manager's salary has certain disadvantages:
- No social security coverage without a salary or other ancillary activity
- Payment only once a year after the closing of the annual accounts
- Payment conditional on profits
Tax optimization with SASU
By default, a SASU is subject to corporate income tax. However, for the first 5 years, it is possible to switch to the income tax system. In this case, the sole shareholder benefits from a declining tax scale, and can offset any tax losses against the income of the tax household, as well as carry them forward for a maximum period of 6 years. This choice is of interest when the SASU makes a small profit, but also in the case of a low tax bracket.
Tax optimization via the optional income tax regime is also favorable when the manager has several companies taxed as BIC (Bénéfices Industriels et Commerciaux). The profits and losses of the various structures can then be offset against each other.
Reimbursement of business expenses
The executive may be reimbursed by the company for expenses incurred in the course of business. These expenses must be incurred in the interests of the company, and must be supported by receipts.
When the residential premises are used as the company's head office and place of business, it is possible to deduct part of the housing costs. Be careful, however, as the expenses are mixed, personal and professional, and must be allocated on a proportional basis. Careful implementation is essential, as tax inspectors are very vigilant about this practice.
ACRE and combining SASU with ARE
Setting up a SASU during a period of unemployment has its advantages. The Chairman can retain 100% of his or her ARE (Allocation de Retour d'Aide à l'Emploi) benefit in the absence of salary in respect of his or her corporate mandate , or benefit from a top-up in the event of low remuneration.
Social protection is provided by the status of job seeker. In addition, it is possible to benefit from the ACRE scheme, which provides partial exemption from social security contributions for the first year.