Tax treatment of business managers' remuneration

Verified 15 March 2021 - Directorate for Legal and Administrative Information (Prime Minister)

Business managers may receive remuneration in return for their duties or may perform their duties free of charge (LOCK: titleContent, SARL: titleContent). Remuneration may be fixed in the articles of association, by the supervisory or administrative board, by collective decision of the members or by the general meeting. The taxation of directors' salaries depends on the tax system and the legal form of the business.

Business subject to business tax (IS)

What tax is imposed on executive pay?

In an anonymous business, the remuneration of the following managers is subject to income tax:

  • Chairman of the Management Board or Supervisory Board
  • Managing Director and Deputy Managing Director
  • Members of the Executive Board, members of the Management Board or of the Supervisory Board, who also perform a technical function as an employed person within the company
How much must be declared by officials?

Any remuneration received by business managers subject to business tax (IS) is subject to the progressive income tax (IR) schedule, in the salary and wages category. Such remuneration may be the basic salary, a bonus, a bonus, a benefit in kind, a profit sharing results, for example.

That remuneration shall be subject to the flat-rate deduction of 10%. However, leaders can choose to deduct their actual business expenses and justified.

For example, an executive receives a salary of €100,000, flat-rate allowances for the cost of €15,000. Its actual justified professional costs are €35,000. The amount to be reported will not be the same depending on whether or not he opts for the actual fee regime.

No option for the actual fee regime

If the officer does not opt for the actual fee regime, the formula is as follows:

Net salary - lump sum deduction of 10%.

Thus, the manager who receives a salary of €100,000 and which benefits from a deduction of 10% shall declare €90,000 (€100,000 - 10% = €90,000).

With option for the actual fee regime

If the officer opts for the actual fee regime, the formula is:

Net salary + flat-rate allowances - justified real costs.

Thus, the manager who receives a salary of €100,000, flat-rate allowances of €15,000 and who pays actual costs of €35,000 shall declare €80,000 (€100,000 + €15,000 - €35,000 = €80,000).

For business, executive pay is a deductible charge they correspond to actual work and are not excessive in relation to the duties performed.

Such remuneration may be subject to the payroll tax if the business is not or has not been subject to VAT on 90% at least its turnover.

Presence token

There are 2 types of presence tokens:

  • Ordinary tokens paid to members of the supervisory board and directors are taxed in the category of income from movable property
  • Special attendance fees paid to directors performing managerial functions are taxed in the salary and salary category.

Ordinary presence tokens are subject to the single flat-rate plan (PFU or flat tax). A standard levy of 12.8% and social security contributions of 17.2% is made on the presence tokens. An option for imposition on the progressive scale is possible.

Attendance tokens are tax deductible for business up to a certain limit.

It all depends on the number of employees in the anonymous business.

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Less than 5 employees

The deductibility of the presence tokens is done according to the following formula:

€457 x number of board members

For example, if the token amount for 3 administrators is €20,000, then 457 x 3 = €1,371

€20,000 - €1,371 = €18,629 are not deductible from the result.

Between 6 and 200 employees

The deductibility of the presence tokens is done according to the following formula:

Average of top 5 earnings x 5% x number of administrators = X1.

The amount of overpayment to be reinstated for tax purposes is equal to the amount of tokens paid minus the amount X1

For example, if the token amount for 5 administrators is €20,000 and the amount of the five highest remuneration of €200,000 then:

€200,000 / 5 x 5% x 5 = €10,000

€20,000 - €10,000 = €10,000 are not deductible from the result.

anonymous business of more than 200 employees

The deductibility of the presence tokens is done according to the following formula:

Average of top 10 earnings x 5% x number of administrators = X1.

The amount of overpayment to be reinstated for tax purposes is equal to the amount of tokens paid minus the amount X1

For example, if the token amount for 5 administrators is €20,000 and the top 10 salaries of €200,000 then:

€200,000 / 10x 5%x 5 = €5,000

€20,000 - €5,000 = €15,000 are not deductible from the result.

What tax is imposed on executive pay?

In a simplified share business or a single-person simplified share business, the remuneration of the following directors shall be subject to income tax:

  • President
  • Other management bodies established by the Statute. The latter determine the power of fixation and the method of remuneration.
How much must be declared by officials?

Any remuneration received by business managers subject to business tax (IS) is subject to the progressive income tax (IR) schedule, in the salary and wages category. Such remuneration may be the basic salary, a bonus, a bonus, a benefit in kind, a profit sharing results, for example.

That remuneration shall be subject to the flat-rate deduction of 10%. However, leaders can choose to deduct their actual business expenses and justified.

For example, an executive receives a salary of €100,000, flat-rate allowances for the cost of €15,000. Its actual justified professional costs are €35,000. The amount to be reported will not be the same depending on whether or not he opts for the actual fee regime.

No option for the actual fee regime

If the officer does not opt for the actual fee regime, the formula is as follows:

Net salary - lump sum deduction of 10%.

Thus, the manager who receives a salary of €100,000 and which benefits from a deduction of 10% shall declare €90,000 (€100,000 - 10% = €90,000).

With option for the actual fee regime

If the officer opts for the actual fee regime, the formula is:

Net salary + flat-rate allowances - justified real costs.

Thus, the manager who receives a salary of €100,000, flat-rate allowances of €15,000 and who pays actual costs of €35,000 shall declare €80,000 (€100,000 + €15,000 - €35,000 = €80,000).

For business, executive pay is a deductible charge they correspond to actual work and are not excessive in relation to the duties performed.

Such remuneration may be subject to the payroll tax if the business is not or has not been subject to VAT on 90% at least its turnover.

What tax is imposed on executive pay?

In a business with limited liability, the remuneration of the following directors is subject to income tax:

  • Minority or equal manager
  • Non-associate manager who is actually working

FYI  

the remuneration of the majority manager, even if he is not treated as a tax employee, is subject to income tax.

How much must be declared by officials?

Any remuneration received by business managers subject to business tax (IS) is subject to the progressive income tax (IR) schedule, in the salary and wages category. Such remuneration may be the basic salary, a bonus, a bonus, a benefit in kind, a profit sharing results, for example.

That remuneration shall be subject to the flat-rate deduction of 10%. However, leaders can choose to deduct their actual business expenses and justified.

For example, an executive receives a salary of €100,000, flat-rate allowances for the cost of €15,000. Its actual justified professional costs are €35,000. The amount to be reported will not be the same depending on whether or not he opts for the actual fee regime.

No option for the actual fee regime

If the officer does not opt for the actual fee regime, the formula is as follows:

Net salary - lump sum deduction of 10%.

Thus, the manager who receives a salary of €100,000 and which benefits from a deduction of 10% shall declare €90,000 (€100,000 - 10% = €90,000).

With option for the actual fee regime

If the officer opts for the actual fee regime, the formula is:

Net salary + flat-rate allowances - justified real costs.

Thus, the manager who receives a salary of €100,000, flat-rate allowances of €15,000 and who pays actual costs of €35,000 shall declare €80,000 (€100,000 + €15,000 - €35,000 = €80,000).

For business, executive pay is a deductible charge they correspond to actual work and are not excessive in relation to the duties performed.

Such remuneration may be subject to the payroll tax if the business is not or has not been subject to VAT on 90% at least its turnover.

In a limited partnership business, the remuneration of the following directors is subject to income tax:

  • Non-associated Managers
  • Members of the Supervisory Board provided that their remuneration corresponds to actual work

FYI  

the remuneration of the general partner manager, even if he is not treated as a tax employee, is subject to income tax.

How much must be declared by officials?

Any remuneration received by business managers subject to business tax (IS) is subject to the progressive income tax (IR) schedule, in the salary and wages category. Such remuneration may be the basic salary, a bonus, a bonus, a benefit in kind, a profit sharing results, for example.

That remuneration shall be subject to the flat-rate deduction of 10%. However, leaders can choose to deduct their actual business expenses and justified.

For example, an executive receives a salary of €100,000, flat-rate allowances for the cost of €15,000. Its actual justified professional costs are €35,000. The amount to be reported will not be the same depending on whether or not he opts for the actual fee regime.

No option for the actual fee regime

If the officer does not opt for the actual fee regime, the formula is as follows:

Net salary - lump sum deduction of 10%.

Thus, the manager who receives a salary of €100,000 and which benefits from a deduction of 10% shall declare €90,000 (€100,000 - 10% = €90,000).

With option for the actual fee regime

If the officer opts for the actual fee regime, the formula is:

Net salary + flat-rate allowances - justified real costs.

Thus, the manager who receives a salary of €100,000, flat-rate allowances of €15,000 and who pays actual costs of €35,000 shall declare €80,000 (€100,000 + €15,000 - €35,000 = €80,000).

For business, executive pay is a deductible charge they correspond to actual work and are not excessive in relation to the duties performed.

Such remuneration may be subject to the payroll tax if the business is not or has not been subject to VAT on 90% at least its turnover.

These are businesses who by reason of their object or form are subject to business tax or who have opted for it.

The taxation of executive remuneration varies depending on the reason why the civil business is subject to business tax. The rules are as follows:

  • If a business has taken the form of a capital business (SARL, SA or SCA), the rules concerning the management taxation regime are the same as those of the business it took the form of.
  • If a business is subject to the SI because of its purpose, the remuneration of the managing partners is subject to income tax because they are agents. However, the functions of manager must not be a simple extension of industrial or commercial activity. Such remuneration shall not exceed the normal remuneration of the duties actually performed.
  • If a business has opted for the SI, the remuneration of members whose profits are deductible is subject to income tax.

Any remuneration received by business managers subject to business tax (IS) is subject to the progressive income tax (IR) schedule, in the salary and wages category. Such remuneration may be the basic salary, a bonus, a bonus, a benefit in kind, a profit sharing results, for example.

That remuneration shall be subject to the flat-rate deduction of 10%. However, leaders can choose to deduct their actual business expenses and justified.

For example, an executive receives a salary of €100,000, flat-rate allowances for the cost of €15,000. Its actual justified professional costs are €35,000. The amount to be reported will not be the same depending on whether or not he opts for the actual fee regime.

No option for the actual fee regime

If the officer does not opt for the actual fee regime, the formula is as follows:

Net salary - lump sum deduction of 10%.

Thus, the manager who receives a salary of €100,000 and which benefits from a deduction of 10% shall declare €90,000 (€100,000 - 10% = €90,000).

With option for the actual fee regime

If the officer opts for the actual fee regime, the formula is:

Net salary + flat-rate allowances - justified real costs.

Thus, the manager who receives a salary of €100,000, flat-rate allowances of €15,000 and who pays actual costs of €35,000 shall declare €80,000 (€100,000 + €15,000 - €35,000 = €80,000).

For business, executive pay is a deductible charge they correspond to actual work and are not excessive in relation to the duties performed.

Such remuneration may be subject to the payroll tax if the business is not or has not been subject to VAT on 90% at least its turnover.

Business subject to income tax (IR)

Remuneration of the associated managers of a business of persons who have not opted for SI (CNS: titleContent, SCI: titleContent in particular) shall be considered as a share of the profits of the business. This is also the case for the remuneration of the associate directors of a capital business which has opted for the business of persons scheme.

These sums are subject to income tax, in the name of the director, in the category corresponding to the nature of the business' activity (BIC, BNC, BA, property income).

They are not deductible from the profits made by the business.

FYI  

the remuneration of the director shall be maintained in the same state on the day on which the judicial redress procedure, unless otherwise decided.

The remuneration of unassociated salaried managers is taxed by income tax in the category of salaries and wages.

Their remuneration is deductible in determining the taxable profit of the business in so far as it corresponds to actual work and is not excessive in relation to the service rendered.

FYI  

the remuneration of the director shall be maintained in the same state on the day on which the judicial redress procedure, unless otherwise decided.