Investir dans l’immobilier avec une SASU immobilière : bonne alternative à la SCI ? 🏡

Summary

In this video, Chloé from Legalstart explains the advantages and disadvantages of the SASU immobilière (a real estate-focused single-member simplified joint-stock company). Unlike the SCI (société civile immobilière), the SASU allows for commercial activities like buy-sell transactions and offers limited liability for the sole shareholder. It also provides social security coverage for the president if remunerated. However, SASU is subject to corporate tax, and the remuneration of its president may lead to high social security contributions. Chloé outlines the steps to set up a SASU immobilière and the key obligations, emphasizing the flexibility and security this structure offers to real estate investors.

Takeaways

• 😀 A SASU immobilière is a simplified joint-stock company with a single member, allowing individuals to invest in real estate with specific advantages.
• 😀 Unlike a SCI (Société Civile Immobilière), a SASU immobilière allows for commercial activities like buying and selling properties, making it more flexible for various types of real estate investments.
• 😀 The SASU immobilière offers limited liability, meaning the owner’s personal assets are protected, and liability is limited to the capital contribution made to the company.
• 😀 In contrast, a SCI has unlimited liability, where each shareholder is personally responsible for the company's debts based on their share in the capital.
• 😀 The president of a SASU immobilière is affiliated with the general social security system, providing similar benefits to employees. In a SCI, the manager typically has a less protective status as a non-salaried worker.
• 😀 One of the main disadvantages of the SASU immobilière is that it is subject to corporate tax (IS), while a SCI may choose between income tax (IR) or corporate tax (IS), offering more flexibility in taxation.
• 😀 A president of a SASU immobilière may face high social security contributions if they are paid a salary, but they can also opt to receive dividends, which avoids social security contributions but lacks coverage.
• 😀 A SCI generally involves lower compensation for managers, who may prefer taking dividends or earning interest through shareholder loans rather than a salary.
• 😀 The creation of a SASU immobilière involves steps like drafting articles of incorporation, depositing capital, and contributing a property, with specific mention of the real estate asset in the statutes.
• 😀 Operating a SASU immobilière requires maintaining formal accounting records, approving annual accounts, and filing them with the administration. However, as the sole shareholder, there is no need to hold a general meeting.

Q & A

What is a SASU immobilière?

A SASU immobilière is a type of sole proprietorship company (SASU) that is focused on real estate investments. It differs from a regular SASU by having real estate as part of its capital contribution when the company is created.

How does the SASU immobilière compare to the SCI?

The SASU immobilière has a commercial nature, allowing for activities like buying and selling properties, unlike a SCI which is strictly civil. Additionally, the SASU offers more flexibility in rental activities, including seasonal and furnished rentals.

What is the key advantage of a SASU immobilière in terms of liability?

The key advantage is limited liability. The sole shareholder's liability is restricted to their initial contribution to the company's capital. In contrast, in a SCI, liability is unlimited and personal, meaning that members can be held responsible for the company's debts.

What is the difference between the social security regimes of the SASU and the SCI?

The president of a SASU is affiliated with the general social security regime, which provides social benefits similar to those of salaried workers. In contrast, the manager of a SCI, unless they are a non-associated manager with a subordinate relationship, is considered a non-salaried worker with less social protection.

What are the tax implications for a SASU immobilière?

A SASU immobilière is subject to corporate tax (IS) due to its commercial nature. This differs from a SCI, which can opt for either personal income tax (IR) or corporate tax (IS).

What are the disadvantages of a SASU immobilière in terms of taxation?

The SASU immobilière does not offer a choice of tax regimes as it is automatically subject to corporate tax (IS). This can be restrictive if an investor prefers to choose between two tax regimes, as a SCI can opt for either personal income tax or corporate tax.

What is the process for setting up a SASU immobilière?

Setting up a SASU immobilière involves several steps: drafting the company's statutes, depositing the capital in a bank, contributing the real estate asset, publishing a legal notice, and submitting the registration request online.

How does the remuneration of a president of a SASU immobilière work?

The president of a SASU can be remunerated for their role, and if so, they are subject to high social security contributions. Alternatively, they can choose to receive dividends, which do not incur social contributions but eliminate social security coverage.

What is the difference in terms of accounting between a SASU immobilière and a SCI?

In a SASU immobilière, accounting is mandatory, including keeping a detailed ledger and journal. This is not the case for a SCI unless it is subject to corporate tax (IS) or engages in commercial activities.

Can a person set up a SASU immobilière alone?

Yes, one of the key advantages of a SASU immobilière is that it allows for sole proprietorship. This contrasts with a SCI, which requires at least two partners to form the company.