We have discussed the way in which the partners of a business entity can charge for the services provided to their company. Depending on the business or professional nature of the services, they will charge by payroll or by invoice , the value of both being the market value, as they are related-party transactions. But the situation changes when it comes to the administrator. How much should the administrator of an entity charge?
First of all, it should be noted that the administrator may provide services derived from the nature of his position or services related to the corporate purpose phone number for thailand of the entity . If he is paid as an administrator, his salary will only be deductible if the bylaws provide that the position is remunerated. In this case, regardless of whether he contributes to the self-employed regime because his number of company shares requires it (more than 25%) or to the general regime, he will receive a salary. And how much?
According to article 217 of the Capital Companies Act, the articles of association must indicate the amount of the director's salary for it to be deductible . But it is not necessary for it to be a specific figure. It can be a remuneration system that allows knowing how much he or she will earn. The remuneration can be constant or variable, through a percentage of the profit obtained by the entity, attendance fees, remuneration in shares, severance pay or social security systems. The director's salary carries a fixed withholding of 35% or 19% if the turnover of the previous year does not reach 100,000 euros.
Article 15 of the Corporate Tax Law, amended since the entry into force of the tax reform on January 1, 2015, establishes that there must be an employment contract with the entity for the administrator's salary to be deductible . There must be proof of his personal dedication to the management tasks of the company, his salary and the corresponding registration in Social Security . One more requirement that is added to those mentioned (that the position appears as paid in the Statutes and that its amount can be determined).