Moving from business tax to income tax on profits

Verified 31 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

Capital businesses are in principle subject to business tax (IS: titleContent). Some of them have the option to opt for the personal business regime. In this case, the profits are directly taxed in the hands of the partners. Individual partners are then subject to income tax (IR: titleContent) and corporate business tax partners (IS: titleContent).

Companies who can opt for the business plan include:

  • Anonymous business (SA)
  • Simplified Action business (SAS)
  • Limited Liability business (LLC)

In order to opt for the business of persons regime, the business must meet all of the following conditions:

  • It must carry out an activity as its principal activity industrial, commercial, handcrafted, agricultural or liberal, except for the management of its own movable or immovable property.
  • It must not not be quoted on the stock market.
  • She has to employ less than 50 employees.
  • It must carry out a annual turnover or have a total balance sheet less than 10 million. €
  • It must have been created for less than 5 years at the time the corporation applies for income tax.
  • The voting rights and capital must be held at at least 50% by one or more natural persons.
  • The voting rights and capital must be held at at least 34% by one or more of the following persons:
    • President
    • Managing Director
    • Chairman of the Supervisory Board
    • Executive Board member
    • Manager.

The option for the business plan requires the agreement of all the partners. Under the personal businesses scheme, tax is levied on profits that are distributed to members.

The option must be notified the company tax service (SIE) on which the company depends within the first 3 months of 1er the fiscal year to which it applies.

Who shall I contact

The option is valid 5 years. The company may waive it within the first 3 months the fiscal year for which the option is to apply.

In case of early exit, the company will not be able to opt in order to benefit from the taxation of profits on income.

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