Payroll administrator to work for the realization of the company 0
In many corporations are given the case mix of the articles of association stipulate that the position of director will be free but then made ??himself manager jobs outside the administration of the company and therefore receive a salary for such work .
In this case, primarily a result of various Supreme Court decisions, we need to fully quantify and clarify the scope of managers’ pay , whatever they are. Both through its effects on the business relationship with partners such as tax deductibility of these costs to society. I copy a query that has come to clarify all these points:
I am the sole director of a SL where I have a 50% stake and has no employees. The charge does not pay (as laws). However, he receives remuneration payroll ¿? administrative work performed by the (accounting, billing, performing consulting work is the social order, etc.).. I arise several questions: Do I have to have some kind of employment contract for this activity?
The first thing you have is that society can not pay for the employment relationship if the administrator is not contemplated in the statutes . That is, the statutes should be changed to see that society does not pay the manager for the tasks of administration of the SL but it pays for the realization of dependent jobs in society. This requirement is essential to prevent improper claims for payment by the other partners and for payments made ??to the administrator are deductible from corporate income tax without any doubt.
Once the administrator has determined that you do receive payments from the company by its dependent jobs, the General Meeting shall fix annually the amount of remuneration the manager for this work . However, in some cases, the Tax Agency has accepted as administrator to deduct these payments for work done when they have met these requirements:
- Posting in the year in which they are earned and justification of expenditure.
- For the derivation of income, which should be testable by the means admissible in law.
- Mandatory accreditation of the payment made is for the company by the existence of an employment relationship between it and the administrator to perform such work.
The first two criteria are similar for any deductible expense, but the resolution of the third case, gives rise to the question and the model of employment contract: Read the rest of this entry →
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