Setting up as self employed

Transcription

1 SOCIAL SECURITY INSURANCE FOR THE SELF EMPLOYED Setting up as self employed You are thinking of becoming self employed. You generally have more than one reason for wishing to set up on your own account: you want to be your own boss, express your creative qualities, realize your dream, etc Setting up as self employed can not be done on the spur of the moment! We are there to help you. For us, the self employed is more than a client. Exercise your talent; we will do the rest! Obligations of the self employed Opening a financial account Self employed traders and craftsmen must open a financial account with a financial institution. The account number must be shown on all invoices and all documents demanding a payment. Registration with the Banque Carrefour des Enterprises (BCE) (Enterprise Crossroads Bank) via the Guichet d Entreprises (GEA) (Enterprise Counter) The BCE identifies enterprises by means of a unique number: the enterprise number. The mission of the GEA s is to: serve as a counter for registering, amending or striking off the data on commercial enterprises in the Banque Carrefour des Entreprises; to intervene in the framework of the legislation on access to the profession (verifying the conditions of access and the capacities required); if necessary, carrying out formalities vis-à-vis federal public services ; guarantee access to the data registered in the BCE; collect on behalf of the Exchequer the registration duties and other expenses defined by the law ; keep the archives of the documents filed; introduce the request to be subjected to VAT on line ; Deliver authorizations to exercise for itinerant and fairground activities. The Partena Enterprise Counter: Your partner for conducting your enterprise s administrative applications. Launching a commercial or craft enterprise implies for: commercial enterprises in the form of a physical person examination of the entrepreneurial aptitudes by the GEA ; registration in the BCE with activation of the commercial enterprise status and grant of the enterprise number by the GEA ; activation of the VAT liability status in the BCE by the VAT ; activation of the ONSS (National Social Security Office) employer status in the BCE by the ONSS; commercial enterprises in the form of a legal entity: introduction of the data in the BCE and granting the enterprise number by the clerk s office of the commercial court ; examination of the entrepreneurial aptitudes by the GEA ; registration as a commercial enterprise (activation of the commercial enterprise status) and creation of establishment units (operating offices) in the BCE by the GEA ; activation of the VAT liability status in the BCE by the VAT ; activation of the ONSS (National Social Security Office) status in the BCE by the ONSS. What other services can the PARTENA GEA offer you? Apart from legal missions, the PARTENA GEA offers you a wide range of complementary services, among which: dealings with the VAT administration (becoming and ceasing to be subjected) ; constituting your dossier for obtaining a registration number ; filing deeds with the commercial court s clerk s office ; assessing the situation of your enterprise in the matter of access to the profession and registration in the BCE; the authorizations for foodstuffs delivered by the AFSCA (Agency for the Security of the Food Chain); the equivalence of diplomas. They should gradually receive other responsibilities. Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 1

2 In addition, thanks to our privileged partners, you can benefit from: the service of the PARTENA Social security secretariat for employers if you have personnel. Their core business is payroll administration and the management of Human Resources. Their skills and specializations complement your own. In this way you will save time and money, which you could invest effectively in developing your main activity; the PARTENA Family allowances fund, the country s most important, which is the link between the employer, the families and the State; services of the PARTENMUT Mutual insurance company ; enterprise creation tools such as the «Devis & Facturation» and «Gestion commerciale» software, etc. A range of essential and simple tools to facilitate your launch and allow you to spend more time in the field or with your clients, via EBP Business Software; A vast network of branches established throughout Belgium awaits you where you will benefit from the support and the competence of our consultants. FURTHER INFORMATION? Consult our Internet site: Examples: a person responsible for a single person company ; each of the members of a de facto association ; the associates of a cooperative society ; members of the liberal professions ; persons exercising a mandate in a commercial company. Helpers Is considered as a helper: Someone who helps or replaces a self employed person in the exercise of his profession. The helper may not be bound by an employment contract to the self employed person. The latter is in any case jointly responsible in case of non payment of social security contributions by his helper. The helper is not subjected: if he exercises an occasional activity which does extend beyond 90 calendar days a year ; if he exercises a regular activity as a student receiving family allowances ; if he has not reached the age of 20 during the year in which he exercises his activity. Nevertheless, if he marries, he will be subjected as from the quarter in which the marriage took place;; Remark: the specific case of the helping spouse will be dealt with in a special chapter. V.A.T. registration Business people who exercise an activity as self employed service providers or traders must register for VAT. This registration can be done through the local VAT office or, better still, through our Enterprise Counter (see above). Affiliation to a social security insurance fund The social security statute are applicable to the self employed and their helpers, for any activity exercised in Belgium, whether it is exercised as a main or a complementary activity. As a general rule, the criterion of the place of the activity takes precedence over the place of residence of the worker, whether he is Belgian or foreign. In the case of the simultaneous exercise of a self employed activity in Belgium and a salaried or non-salaried activity abroad, the criteria which determine the country(ies) in which one is subjected are governed by numerous international conventions. The self employed Is considered to be self employed: any physical person who exercises a professional activity to which he is bound neither by an employment contract, nor by a statute (public administrations). Main or complementary activity? Main activity: This concerns someone who: has no other activity apart from his self employed activity; does not provide the minimum level of services as a salaried (or assimilated) person and who can therefore not benefit from the «self employed as a complementary activity» rate. Complementary activity: The self employed activity will be considered as a «complementary activity» if, besides this activity which gives rise to compulsory insurance as a self employed person, the person insured exercises another main and regular activity in Belgium. This activity must come under another pension scheme than the complementary activity exercised as a self employed person. The other activity will be considered as the main and regular one, if the average number of hours of work a quarter is at least equal to half the monthly number of hours worked by a worker who is occupied full time in the same enterprise or, failing that, in the same branch of activity. For teachers in permanent post the occupation must correspond to at least 6/10th of the schedule foreseen for a full salary to be attributed. In certain cases, the exercise of a salaried activity abroad will also allow the self employed activity in Belgium to be considered as a «complementary activity». Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 2

3 Special cases: In certain cases, the «complementary» character is maintained for the self employed person, even if he no longer exercises the main activity, namely: If he enjoys a replacement income at least equal to the minimum pension of a single person (10.485,68 at ), for example, social security allowances (sickness/incapacity insurance indemnities or unemployment allowances), indemnities for industrial accidents, accidents on the way to or from work, or from occupational illnesses entailing a minimum incapacity of 66% (and on condition the work was authorized). Assimilation to a complementary activity: Married or widowed persons subjected as a main activity, teachers in permanent post with a schedule equal to or greater than a 5/10th but less than a 6/10th and students may under certain conditions and on request be assimilated to persons exercising their profession as a complementary activity provided their professional incomes in 2009 do not exceed 6.194,09 a year ( value). By student, should be understood a subjected person aged under 25 who can submit an attestation from school. Choice of the social security insurance fund and deadlines The self employed person has a period of 90 days from the start of his activity to chose a social security insurance fund. After this deadline he will be put on notice by the National Institute for the Social Security of the Self-Employed (NISSE). If he does not affiliate himself within 30 days of being given notice, he will be automatically affiliated to the National Fund of the Social Security of the Self-Employed. The declaration of affiliation may be completed at the earliest 6 months before the start of the activity. In case of late affiliation: A surcharge of 3% per quarter on the social security contributions due will be applied. In addition supplementary annual interest of 7% is applied on the contributions or parts of the contributions remaining unpaid on 31 December, provided these have been claimed for the first time during the year. Social security contributions The social security contributions collected by the social security insurance funds cover the 3 sectors of the social security statutes ; pensions, family allowances and sickness-incapacity insurance. As from 1January 2008 health care contains both the big risks and the small risks. Basis of calculation: The social security contributions are calculated according to the professional income which the subjected person enjoyed as a self employed person for the financial year preceding the year for which the contributions are due. Example: social security contributions of 2009 calculated on the basis of the 2007 financial year and thus of the income received in The amount of the professional income is communicated annually to the social security insurance fund by the Inland Revenue Administration via the National Institute for the Social Security of the Self-Employed (NISSE). What is understood by «professional income»: This is the gross professional income reduced by professional expenses and, as the case may be, by professional losses, before deducting allowances and immunizations. Social security contributions are considered as professional expenses and are therefore tax deductible. Indexation: This income serving as the basis of the calculation is adapted to the fluctuations in the cost of living. The coefficient of adaptation is fixed by royal order at the beginning of each financial year. Start of activities Provisional social security contributions: In the case of the start of activity, given the absence of a tax reference, the subjected person pays provisional quarterly contributions as an advance. He has the choice between two possibilities: Paying the legal fixed amount: Main activity From the start of activity up to and including the last quarter of the first calendar year which includes 4 quarters of liability: /quarter (amount at ). For the following 4 quarters: / quarter (amount at ) For the following quarters: / quarter (amount at ). The provisional contributions due as from 2009 are applicable for self employed people having started their activity as from the second quarter of Complementary activity From the start of activity until the end of the first full calendar year: : 69,86 a quarter (amount at ). For the second year of activity: a quarter (amount at ). For the third year of activity: a quarter (amount at ). Remark: People exercising their activity as a complementary activity as well as beneficiaries of a pension may, at their request and on showing proof of the smallness of their income, be authorized by the social security insurance fund not to pay provisional contributions. Paying on the basis of an estimated income: The self employed worker has the option of contributing voluntarily on a higher basis from the start of his affiliation. The advantages of such a plan are the following: mitigating the regularization after 3 years ; significant tax gain, social security contributions being assimilated to professional expenses and therefore tax deductible ; better planning of expenses. Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 3

4 If the self employed worker has paid amounts which turn out to be greater than the definitive contributions established at the time of regularization, the social security insurance fund will refund the excess contribution with a rebate. Rebate in the case of early payment of the social security contributions If the self employed person pays his contribution at the start of his activity on the basis of an estimated revenue and therefore anticipates the future regularization of his social security contributions, a rebate will be granted according to the following principles : Interest calculated on the difference between the legal fixed amount and the social security contributions paid. Previously, interest on arrears was granted on the difference between amount paid in advance and the amount due after regularization. Henceforth, the rebate (which replaces the interest on arrears) will be based on the difference between the amount paid in advance and the legal fixed payment, whatever the amount of the definitive contributions. The new system is thus more advantageous. Interest of 0.75% per quarter of advance payment. At the time of regularization (that is to say two or three years later) the self employed person will receive interest of X times 0.75% on the difference between the amount he paid and the compulsory fixed amount. So, if the regularization occurs 2 and a half years (10 quarters) after the payment, the rebate will be 10 x 0.75% = 7.5%. Some concrete examples: Example 1: Fixed contribution of the 3rd quarter 2009 = The self employed person pays 1,500 instead of the fixed amount, on 25 September The regularization, on the basis of the income of 2009, is done on 5 May whatever the amount of the definitive contributions, the self employed person will be entitled to a rebate, for the 3rd quarter of 2009, of ( 1, = ) X 0.75% X 7 quarters = Example 2: Fixed social security contributions of 2009 = 4 X The self employed person pays 4 x at the end of each quarter. On 28 December 2009, he pays a supplement of 4 X 1, for these 4 quarters. The regularization, on the basis of his 2009 income, is done on 20 February whatever the amount of the definitive contributions, the self employed person will be entitled to a rebate, for the whole of 2009, of (4 X 1,000.00) X 75% X 9 quarters = Regularizations We have already seen that during the period of the start of activity, that is to say until the end of the third full calendar year, the self employed person only pays his contributions provisionally. These will therefore be readjusted when the definitive income is communicated by the Inland Revenue Administration. We will then speak of regularizations. So the regularization of the social security contributions is undertaken, as soon as the income of the start of activity is known. The regularization of the provisional contributions is done year by year as follows: The contributions claimed from the start of activity up to and including the last quarter of the first full calendar year, are regularized on the basis of the non indexed income of the first full calendar year of liability. The provisional contributions relating to the following calendar years are regularized respectively on the basis of the incomes of the second and third full calendar year. These incomes will be non indexed. In case of cessation before the end of the first calendar year which includes 4 quarters of being subjected, the provisional social security contributions become definitive. In case of cessation before the end of the second or third full calendar year, the provisional social security contributions relating to the calendar year which is incomplete, are regularized on the basis of the income of the preceding calendar year which is complete.. The payment of social security contributions Social security contributions are collected by the social security insurance fund which must be credited at the latest on the last working day of the quarter concerned. Exceptions: In case of affiliation in time the payment of the social security contributions of the two first quarters of being subjected as well as the regularization contributions must be made before the end of the quarter which follows the quarter in which the regularization statement was sent. The social security contributions are indivisible, and consequently, due in total for any quarter begun.. Late payment: The non payment of social security contributions when due has the effect of increasing automatically the amount of the contributions by 3% per quarter of late payment (12% a year). In addition, supplementary annual interest of 7% is applied to the contributions or parts of contributions unpaid on 31 December, provided these have been claimed for the first time during this year. Prescription: The recovery of contributions lapses automatically after 5 years, counting from the first of January following the year for which they are due. For the complements of regularization in the case of the start of activity, the period of prescription only begins as from first of January of the third year following that during which the activity started. This rule cannot have the effect of prescribing the complements of regularization for a given year before the provisional contributions referring to this same year. Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 4

5 Exemption A Contribution Exemption Commission, instituted with the FPS of the Self Employed and Agriculture may grant exemption from social security contributions if the self employed worker is in a state of need or in a situation close to a state of need. For this, a claim must be introduced, either by lodging an appeal, or by registered letter, addressed to the social security insurance fund. This claim must be formulated within the twelve months following the quarter to which the contributions refer, or, if it concerns a regularization, the quarter during which the regularization statement was sent. Persons exercising their self employed activity as a complementary activity are presumed not to be in a state of need: the claim will therefore be rejected for the quarters concerned. In the context of making the helping spouse subjected, the commission may only grant exemption provided exemption has been granted to the main person subjected, for the social security contributions relating to the same quarters. The introduction of a claim for exemption does not suspend either the exigibility of the contributions, or the application of surcharges, until the moment the commission decides. It must be emphasized that the periods covered by an exemption decision are not taken into account for fixing pension rights (except periods before ) Assimilation to a self employed activity Persons who have ceased their self employed activity may, under certain conditions, safeguard their entitlement to the benefits in the self employed workers programme (pension, sickness-incapacity insurance, family allowances). Without payment of contributions: if their activity came to an end because of bankruptcy or the resolution of a winding up arrangement, not presenting any fraudulent character. The assimilation is in this case limited to a maximum of 4 quarters. In addition there is a right to a financial benefit for a maximum period of 12 months. Remark: entitlement to the pension is not safeguarded if their activity came to an end because of illness entailing a work incapacity of at least 66%. The assimilation may in this case be granted without limitation in time. The affiliate must however be in order with the payment of his contributions at the moment his claim is introduced. With payment of social security contributions (continued insurance: voluntary payments): If their self employed activity came to an end for any other reason. In this case, the assimilation is limited to a maximum of 2 years (plus 5 years if the affiliate reaches pensionable age at the end of this period). The benefit of the continued insurance may however only be granted if the affiliate is in order with the payment of his contributions at the moment his claim is introduced. The assimilation / continued insurance claim must be made to the Social Security Insurance Fund, which will transmit the dossier to the N.I.S.S.E., the only body authorized to make a decision. The helping spouse The helping spouse is the partner of a self employed person (via a marriage or cohabitation contract); he/she helps effectively in the exercise of the self employed person s activity and has no income from another activity. As from 01 July 2005, the helping spouse must be subjected to the full status of self employed workers. Exception: for persons whose date of birth is before 1 January 1956, the full status remains optional. Who is considered a helping spouse? A presumption The husband or wife of a self employed person who does not safeguard personal social security rights at least equivalent to those of self employed workers (family allowances, pension, sickness-incapacity insurance) is presumed to be the helper of this self employed person. Until proof to the contrary If he does not or no longer helps the self employed person, the spouse will have to make a sworn declaration specifying that he/she is not a helper and send it to the social security insurance fund. Having rights implies paying social security contributions (figures at 1/01/2009 provisional start of activity contributions): liable at the mini-status: a quarter liable at the maxi-status: - 1 st year of activity a quarter - 2 nd year of activity a quarter - 3 rd year of activity a quarter These social security contributions will be regularized subsequently depending on the net taxable income. The contribution payable by companies Since 1 July 1992, companies subject to Belgian corporation or non resident tax must affiliate themselves to a social security insurance fund and pay them a fixed annual contribution. Since 2004, there is no longer one fixed amount, but two amounts. Therefore, the annual amounts are fixed as follows for 2008: companies the 2006 annual balance sheet of which does not exceed 570, (or not specified) pay ; companies the 2006 annual balance sheet of which is greater than this amount pay ; from companies which started in 2007 or 2008, a sum of will be claimed. Companies in a situation of bankruptcy, undergoing a scheme of arrangement or in liquidation may however be exempted from this obligation. A company which can prove that it has had no activity during a particular fiscal year can be exempted, for the corresponding period, from paying the social security contribution. The proof may be provided by means of an attestation (free of charge) from the tax administration, confirming that the Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 5

6 company has not exercised any commercial or civil activity (attestation of non liability) during the period concerned. If no attestation from the tax administration can be delivered because the first tax year covers more than one calendar year and the accountability for VAT is lacking, than the proof may be provided by means of the Statute/Act of incorporation which explicitly stipulate that the activities start in the year following the year of establishment. Deadline for affiliation and penalty: The affiliation must take place within 90 calendar days following the creation of the company or the deed which subjects it to corporation or non-resident tax. Beyond this deadline, the company will be given notice by the NISSE. It will have another 30 days to affiliate itself to a social security insurance fund. After this deadline, the company will be affiliated automatically to the National Fund of the Social Security of the Self-Employed. Payment of the contribution: The contribution must be paid before 1 July of each year or at the latest before the end of the third month following the month the company was created or the month it became liable to the non-residents tax. A surcharge of 1% per calendar month of late payment is applied on the contributions or part of them which has not been paid in time. Exemption from the contribution: For partnerships, constituted and registered at the Banque Carrefour des Entreprises (Enterprise Crossroads Bank) after 1 January 1991, and of which neither the manager(s), nor the majority of the partners have been subject to the social security status of the self employed for more than 3 years during the 10 years preceding the company s constitution. The social security security coverage of the self employed Family allowances Any self employed worker exercising his activity as a main activity can obtain family allowances in favour of his children, those of his spouse or the children common to the spouses. However, if one of the 2 spouses exercises a salaried worker activity, the priority right to these allowances will be examined in the more advantageous salaried workers programme. Birth or adoption allowance: A sole allowance is granted at the birth or on the adoption of a child; Currently it amounts to 1, for a 1 st birth or an adoption. From the 2 nd birth the allowance is reduced to (values at ). Affiliation to a mutual society The affiliation to a mutual society is a moral obligation. We can help you in this step. The insurance of small risks Since 01 January 2008, the insurance of small risks has been integrated into the compulsory insurance for the self employed. As from 1 January 2008, insurance for small risks is compulsory for all self employed persons. Therefore, all self employed workers are, just as are salaried workers, entitled to be reimbursed for medical and dental costs and the costs of medicines, etc Work incapacity The settlement of work incapacity indemnities is reserved solely for persons who are in order with their contributions and stage. The primary incapacity indemnity is only paid as from the 2 nd month of incapacity and during a period of 11 months. However, for the period not covered by the mutual society, an additional insurance can be subscribed with an insurance company. The incapacity indemnity is due at the end of the period of primary incapacity (the 12 first months of incapacity) for a period which cannot go beyond the normal pensionable age. Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 6

7 Daily work incapacity indemnities (value ): Primary incapacity (a day) person with dependent: lone person: person cohabiting: Invalidity person with dependent having terminated his professional activity : lone person having terminated his professional activity : person cohabiting having terminated his professional activity : person with dependent not having terminated his professional activity : lone person not having terminated his professional activity: person cohabiting not having terminated his professional activity : Maternity Since 1 July 2007, self employed workers have benefited from a period of maternity leave of 8 weeks (9 weeks in the case of multiple births). In order to create a better balance between the private and professional life of the self-employed worker, she can take this maternity leave in a more flexible way as from 1 January There is an obligatory period consisting three weeks, one week before the birth and two weeks afterwards. The optional period of maternity leave consists of five weeks (6 weeks in the case of multiple births). The independent worker can take the optional maternity leave in one or more periods of 7 calendar days and this up to 21 weeks after the obligatory leave. The person must cease all activity during this period. She receives a maternity allowance of (at ) per week of cessation of activity. The allowance will paid in two times by the mutual society. The first time within the month after the end of the obligatory leave. A second time within the month after the definitive resumption of the independent activity. The request for allowance must be accompanied by an extract of the birth certificate or by a medical certificate confirming the birth. Maternity aid by means of service tickets, for the self-employed To allow its resume of the professional activity more easily, the self-employed, who has just given birth, can claim 105 free service tickets. The service tickets are exchanged to obtain, at home, the services of a person who undertakes household type tasks (1 ticket/hour). Application to the social security insurance fund: The claim must be introduced by the self employed person to her social security insurance fund by the post or by lodging a claim on the spot. This claim must be introduced at the earliest as from the 6th month of pregnancy and, at the latest, at the end of the 6th week following the date of birth. Beyond this deadline, the claim will not be accepted. The social security insurance fund is therefore the self employed person s only interlocutor. It will send her an acknowledgement of receipt and the conditions under which these service tickets are granted. For further information, please don t hesitate to contact us. Adopting a child? Adoption leave Since 1 February 2007, you can as a self employed worker adopting also benefit from an adoption leave with the corresponding allowances. Adoption leave: The leave extends over: 4 weeks when adopting a child aged between 3 and 8 years ; 6 weeks if the child is aged under 3. The adoption of a handicapped child gives the right to a doubling of the leave. You should start your adoption leave within 2 months counting from the date of registering at the address of residence; your leave in any case comes to an end when the child reaches the age of 8. During the period of adoption leave, you may not exercise any professional activity or receive work incapacity or invalidity indemnities. Adoption allowances: You should claim the allowance from the mutual society at the latest on the day of official registration at the address of residence (on pain of loss of rights). The amount is equal to that of the maternity allowance. It is paid in one instalment, at the latest in the month of the start of the adoption leave. The pension The legal age of the retirement pension The legal age of the pension is since 1 January years for both men and women. In the transitional period between 1 July 1997 and 1 January 2009 the pensionable age for women went progressively up from 60 to 65. Early pension Women as well as men can take an early pension as from the age of 60. Since 2005 this early pension has only been possible for workers counting an active career of at least 35 years. Early pensions which take effect before 1 January 2007 will be reduced by 5% per year of anticipation. An early pension which takes effect on 1 January 2007 at the earliest will be reduced by 7% to 3% per year of anticipation, depending on age. Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 7

8 The authorized limits of pensioners professional activities (at ) Any professional activity exercised by the pensioner or his spouse must be the subject of a prior declaration, even if the professional income deriving from it does not exceed the authorized limits. This declaration is made by the beneficiary on a form held available to him by the municipal administration of his place of residence (model 74). It must be introduced at the latest within 30 days of the start of the activity. In the event the income received from this activity exceeds the authorized limits, the payment of the pension, depending on the case, will be reduced or totally withdrawn. Income authorized for the beneficiaries of a pension: - retirement/survivors pension at age 65. without dependent children: 17, with dependent children: 20, survivors pension age - 65: without dependent children: 13, with dependent children: 17, early pension (from age 60) or retirement pension age 65: without dependent children: 5, with dependent children: 8, La Pension Libre Complémentaire (PLC) Private Complementary Pension The PLC Sociale Social Security PLC With the Social Security PLC (PLCS), you have all the guarantees of the PLCO, plus enlarged social security and fiscal advantages. This plan allows you to contribute 15% more than in the framework of the PLCO, which guarantees you 15% additional social security and fiscal advantages! In addition, you constitute a greater complement for your pension since your savings benefit from: guaranteed rates at the time of the payment (guaranteed rate at : 2.50%); possible beneficial interests. In addition to higher savings, the PLCS will finance your pension in case of long or short term work incapacity, maternity, or even in case of bankruptcy. In fact the social security fund will stand in for you and pay the premiums during these periods of incapacity. In case of death before the end of the contract, the social security fund will ensure you a life insurance coverage equivalent to a minimum of 15 times your annual average contribution. Thanks to this plan, whatever life s vagaries, the objective you have fixed yourself will be optimally attained. Our counsellors will be happy to explain to you its unequalled advantages. How you can contact us on this subject ASTI PARTENA PLC Service Boulevard Anspach 1, 1000 Brussels Tel. 02/ mkt.asti@start.partena.be Self employed workers have the possibility of constituting a complementary pension in the framework of the legal programme by means of contributions deductible from their taxable professional income. Not only will they have something for a rainy day when retirement comes along, but above all they leave the taxman to pay the greater part of the subscriptions. The Private Complementary Pension for the self employed comes in 2 formulas: The ordinary PLC With the ordinary PLC (PLCO) the self employed person constitutes a capital by making payments freely throughout the year. How much can be paid? An annual amount of between a minimum fixed amount of 100 and a maximum of 8.17% of net professional income, with an absolute ceiling of 2, At the time of retirement, the amount saved, increased by guaranteed interest and beneficial participation, will be paid according to choice in the form of a lump sum or an annuity. This amount will be subject to the most moderate tax plan. Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 8

9 From unemployment to self employment A series of measures have been taken to encourage the unemployed to set up as self employed or to found their own enterprise: Any salaried worker who abandons or interrupts his job to exercise a self employed activity can maintain his rights as an unemployed worker for 15 years, provided he can prove a number of working days as a salaried worker. He can assert these rights if his enterprise fails, provided his self employed activity has lasted a minimum of 6 months. An unemployed worker who interrupts his unemployment to exercise a self employed activity, maintains his rights as an unemployed worker for 15 years. The period of 15 years is limited to 9 years for the period of self employed activity situated before An unemployed worker who wishes training in a self employed profession in an establishment recognized by the SPF des Classes Moyennes (Federal Public Service of the Self Employed), can obtain exemptions in relation to availability and registration as a job seeker, as well as in relation to clocking in. Any unemployed worker receiving benefits and wishing to prepare himself for his career as a self employed worker may, under certain conditions, during the 6 months preceding the start of his activity, conduct certain preparatory activities while keeping the benefit of the allowances. This possibility is only granted once. During this period the unemployed worker must present himself at the municipal control.. As soon as the self employed worker actually exercises his activity, he loses the benefit of unemployment allowances. A fully unemployed worker claiming benefits can, under certain circumstances, benefit from a loan in order to set up as a self employed worker. This loan is granted by the Participation Fund.. The Participation Fund Setting up on your own account means first ensuring the coherence between your personal project and your future activity. What is the commitment of the Fund? It is to help you to take no chances in making your project a success. Whether that is: During the preparatory phase ; For a launch loan ; Or to support you after the start up of your activity Solutions exist! Becoming an employer... generates its batch of obligatory formalities, particularly: - registering with the National Social Security Office (N.S.S.O.) ; - affiliating yourself to the Family Allowances Fund for salaried workers - ensuring your personnel against industrial accidents ; - affiliating yourself to a External Service for Prevention and Protection at Work (E.S.P.P.W.). Having a clear idea about salaries...implies identifying the total cost represented by employing a worker: - taking account of the minimum scales, social security charge reductions and other bonuses applicable within the different joint commissions ; - fixing certain extralegal advantages such as for example luncheon vouchers or company pension schemes (fiscally interesting alternatives to remuneration) ; - preparing your budget and calculating your costs (social security contributions and withholding tax). Hiring your first worker As a new employer, you must also fulfil formalities specific to the hiring of which, among others: - drawing up the first labour contract and fixing any probationary period you wish to offer your new worker ; - making the first DIMONA declaration, an important formality whereby you communicate electronically to the N.S.S.O. the start of the labour relation with your new worker ; - drawing up labour regulations ; - and many other administrative steps....and managing month after month - Calculating the remunerations every month, taking account of the worker s absences and other situations, but also of the impact of salary adjustments ; - Informing the worker who would like to know the net salary actually paid. For further information, you can consult the web site or write or telephone to this fund, rue De Ligne, 1 at 1000 Brussels, Tel 02/ , info@fonds.org. Want to know more?? Don t hesitate to ask us: or mkt.asti@start.partena.be or via your reception. Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 9

10 Offload these obligations and formalities by affiliating yourself to the PARTENA Social Security Secretariat The PARTENA Social Security Secretariat makes you benefit from its tools and its know how: - high quality expertise and service ; - a multitude of made to measure resources and skills ; - specialized tools which evolve with your needs and following the legislation in force. The PARTENA Social Security Secretariat lends you a hand: - a presence at your side and help in undertaking the necessary formalities ; - making available all the complementary services concerning social security legislation. The PARTENA Social Security Secretariat trains and informs you: - interactive workshops; - training courses on social security legislation, payroll and human resources management; - legal publications and practical guides; - relevant documentation via a complete internet site, payroll.partena.be. The PARTENA Social Security Secretariat offers you... Its activities PARTENA advises and trains enterprises in the efficient management of their human resources. - Payroll Management : PARTENA takes care of all aspects of your payroll management thanks to effective and personalized software; - HR Support: PARTENA supports you and provides you with topical information, relevant advice and concrete aid. Its assets PARTENA makes you benefit from its strong points: its expertise, its effectiveness and the reliability of its teams, the transparency of its products and services, its demonstrated experience in human resources and its progressiveness in the service of success. Its specialist partners In order to cover the whole range of your needs, PARTENA opens you the door to numerous partners while remaining your single contact point for accessing a complete range of services in the fields of social security and HR. Need a salary simulation? No need to wait. You can calculate it yourself thanks to Simul, PARTENA s salary simulation tool. The software enables you to carry out the following simulations: - gross/net ; - net/gross ; - compensatory notice indemnity ; - total salary cost for the employer by hour/month/year (end of your bonus, holiday pay) ; - bonuses, ONSS (social security) reductions ; - tax advantages for company cars and travel costs ; - seizure on salary ; - eviction indemnity for sales representative. Your advantages - Simul is offered free of charge with NetSalary, our Internet benefit capture tool; - The withholding tax and the ONSS (social security) contributions are continuously updated; - The simulations may be saved and printed. Want to know more? A limited version of Simul (net to gross and gross to net) is available free of charge on payroll.partena.be. Send an to simul@partena.be and receive free of charge the version of the current quarter How to affiliate yourself to the PARTENA social security secretariat Contact us : askme@partena.be Visit our site, payroll.partena.be or call into one of our branches Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 10

11 Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 11

12 Notes Tel: 02/ Fax: 02/ RPM Brussels Website: info: mkt.asti@start.partena.be page 12