With the status auto entrepreneur established on 1 January 2009, the craftsmen of the building are worried about their future.
Below the question and answer published in the Journal Officiel.
A member drew the attention of the Secretary of State for Trade, craft, small and medium enterprises, tourism, services and consumption on the status of auto-entrepreneur established by Modernization Act of Economics August 4, 2008.
The building tradesmen consider that the level of contributions required under the common law, benefits differ in micro-social system can be achieved by not performing as a single lump sum tax and social function of the number business. As an aside: The auto-entrepreneur building trades can also be run on the web via tenders' website creation auto entrepreneur "from 250 € ttc. This can be seen as a distortion of competition, with potentially devastating consequences for this sector. There are also questions about the effectiveness of the scheme on establishment of pension rights, as well as the respect of the device minimum qualification under consumer safety has wanted the legislature to these activities. Finally, concerns remain about the obligation to take a ten-year insurance contract, which is imposed by the Penal Code to any professional performing construction of a building, and people under this special status might not agree .
Therefore, building tradesmen seeking that can be made adjustments to the status of self contractor and craft activities regulated under the Act of July 16, 1996 are excluded from this status. Therefore it would welcome the Government's intentions on this issue.
Answer:
Since its inception on 1 January 2009, the regime of self-contractor has aroused great enthusiasm by the project leaders to create an independent activity. Indeed, thanks to measures implemented to reduce formalities and costs associated with business creation and facilitate relations with the administration, this new device appears very simple and suited to the exercise of an activity independent form of sole proprietorship under the tax regime of the micro-enterprise. Regarding social protection, self-contractor receives the same coverage as any self-employed. So in old-age insurance, since the contractor has a car business or trading under the IHR, it validates the pension rights which, like any craft or trade, are calculated according to the importance activity.
Consequently, the insured may validate up to four quarters if it achieved a turnover, the amount varies, depending on the activity of 24 028 euros for a business sale, hotels and catering, 13 936 euros for a business of providing services subject to the rules of industrial and commercial profits (BIC), 10 558 euros for a business of providing liberal services.
If the activity is not conducted on a full calendar year (beginning or end of activity), the self 'will make a minimum turnover to qualify for the validation of a quarter of retirement, 6 006 euros for a business sale, hotels and catering, 3 484 euros for a business of providing services subject to the rules of BIC, 2 640 euros for a business of providing liberal services. In case of no turnover, a quarter of retirement is automatically validated if the activity is carried on a full calendar year.
However, when reporting the amount of revenue or no revenue for a period of twelve calendar months or four consecutive quarters, the self loses its entitlement under the micro simplified declarative: it remains affiliated with the IHR receive a call for contributions calculated according to the rules of law. Regarding the compliance of professional insurance, self-Contractor, as any contractor, the obligations under existing activity. Offer insurance tailored to self-contractors are already available. However, the Government has heard the concerns expressed by professional organizations and consular sector of handicrafts and the building and wished to respond.
A working group on self contractor and Crafts was established last May to the Ministry of Economy, Industry and Employment. This working group, composed of representatives of professional organizations and consular craft sector and government officials met throughout the months of May and June and concluded that adjustments could be made to the system of self contractor to make it fully effective in respect of hand crafts.
The Government has decided to implement the proposals from the Working Group which relate to two issues: the qualification and support of these new entrepreneurs from chambers of trades and crafts using their registration. Before starting a business in craft subject to qualification, the contractor must prove his qualifications by indicating in advance, if necessary by adopting paperless, how it meets the criteria of qualification required by law (possession of a diploma, including accreditation of prior experience or three years of professional experience). This rule prior declaration will apply to all, whether or not self-entrepreneurs.
Self-entrepreneurs who have a craft activity will be primarily required to register trades directory upon registration as self-contractor. To not increase the cost of starting a business, this registration is free and without charge during the first three years after the establishment and not accompanied by any additional formality. The self-contractors involved will benefit from the support chambers of trades and crafts. These amendments to the legislation on self-contractor will be subject to Government amendments to the draft law on consular networks, trade, crafts and services during its consideration by Parliament.
Below the question and answer published in the Journal Officiel.
A member drew the attention of the Secretary of State for Trade, craft, small and medium enterprises, tourism, services and consumption on the status of auto-entrepreneur established by Modernization Act of Economics August 4, 2008.
The building tradesmen consider that the level of contributions required under the common law, benefits differ in micro-social system can be achieved by not performing as a single lump sum tax and social function of the number business. As an aside: The auto-entrepreneur building trades can also be run on the web via tenders' website creation auto entrepreneur "from 250 € ttc. This can be seen as a distortion of competition, with potentially devastating consequences for this sector. There are also questions about the effectiveness of the scheme on establishment of pension rights, as well as the respect of the device minimum qualification under consumer safety has wanted the legislature to these activities. Finally, concerns remain about the obligation to take a ten-year insurance contract, which is imposed by the Penal Code to any professional performing construction of a building, and people under this special status might not agree .
Therefore, building tradesmen seeking that can be made adjustments to the status of self contractor and craft activities regulated under the Act of July 16, 1996 are excluded from this status. Therefore it would welcome the Government's intentions on this issue.
Answer:
Since its inception on 1 January 2009, the regime of self-contractor has aroused great enthusiasm by the project leaders to create an independent activity. Indeed, thanks to measures implemented to reduce formalities and costs associated with business creation and facilitate relations with the administration, this new device appears very simple and suited to the exercise of an activity independent form of sole proprietorship under the tax regime of the micro-enterprise. Regarding social protection, self-contractor receives the same coverage as any self-employed. So in old-age insurance, since the contractor has a car business or trading under the IHR, it validates the pension rights which, like any craft or trade, are calculated according to the importance activity.
Consequently, the insured may validate up to four quarters if it achieved a turnover, the amount varies, depending on the activity of 24 028 euros for a business sale, hotels and catering, 13 936 euros for a business of providing services subject to the rules of industrial and commercial profits (BIC), 10 558 euros for a business of providing liberal services.
If the activity is not conducted on a full calendar year (beginning or end of activity), the self 'will make a minimum turnover to qualify for the validation of a quarter of retirement, 6 006 euros for a business sale, hotels and catering, 3 484 euros for a business of providing services subject to the rules of BIC, 2 640 euros for a business of providing liberal services. In case of no turnover, a quarter of retirement is automatically validated if the activity is carried on a full calendar year.
However, when reporting the amount of revenue or no revenue for a period of twelve calendar months or four consecutive quarters, the self loses its entitlement under the micro simplified declarative: it remains affiliated with the IHR receive a call for contributions calculated according to the rules of law. Regarding the compliance of professional insurance, self-Contractor, as any contractor, the obligations under existing activity. Offer insurance tailored to self-contractors are already available. However, the Government has heard the concerns expressed by professional organizations and consular sector of handicrafts and the building and wished to respond.
A working group on self contractor and Crafts was established last May to the Ministry of Economy, Industry and Employment. This working group, composed of representatives of professional organizations and consular craft sector and government officials met throughout the months of May and June and concluded that adjustments could be made to the system of self contractor to make it fully effective in respect of hand crafts.
The Government has decided to implement the proposals from the Working Group which relate to two issues: the qualification and support of these new entrepreneurs from chambers of trades and crafts using their registration. Before starting a business in craft subject to qualification, the contractor must prove his qualifications by indicating in advance, if necessary by adopting paperless, how it meets the criteria of qualification required by law (possession of a diploma, including accreditation of prior experience or three years of professional experience). This rule prior declaration will apply to all, whether or not self-entrepreneurs.
Self-entrepreneurs who have a craft activity will be primarily required to register trades directory upon registration as self-contractor. To not increase the cost of starting a business, this registration is free and without charge during the first three years after the establishment and not accompanied by any additional formality. The self-contractors involved will benefit from the support chambers of trades and crafts. These amendments to the legislation on self-contractor will be subject to Government amendments to the draft law on consular networks, trade, crafts and services during its consideration by Parliament.
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