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Temporary cessation of activity - natural person
Scope of application
Any individual company whose director wishes to cease trading temporarily.
Description
Temporary cessation of activity is a voluntary and temporary cessation of activity, which means that the company is not dissolved. A company that has been placed in a state of dormancy or temporary cessation suspends its activity, but retains its registration and continues to operate for tax and social security purposes.
The period of inactivity is limited to 1 year for a sole proprietorship (renewable 1 time in the case of a commercial activity).
During the dormant period, the tax, social security and management consequences are as follows:
The period of inactivity is limited to 1 year for a sole proprietorship (renewable 1 time in the case of a commercial activity).
During the dormant period, the tax, social security and management consequences are as follows:
- exemption from VAT declaration and payment ;
- taxation of profits: even if there is no revenue or turnover, the company or sole trader must file an income tax return showing "nil" or "0".
- suspension of activity is treated as cessation of activity only after 12 consecutive months. The company remains liable for the business property tax (cotisation foncière des entreprises - CFE) for these 12 months, and is then exempt;
- if the manager is affiliated to the scheme for non-salaried workers (TNS), certain compulsory minimum contributions (daily allowances, basic old age insurance, invalidity and death) will still have to be paid, even if the company has no business income;
- if the company has at least 1 employee: a balance sheet and profit and loss account must be drawn up.
- resume business = reactivation of the company ;
- cease trading for good = dissolution of the business, with removal from the registers (RCS or RM);
- sell the business = sell the company or the business.
Authority
Commercial court
Responsible(s)
Partner / Manager