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Conjoint collaborator status


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I understand that since July last year simply being the 'wife' of a sole trader/ owner of a small enterprise is no longer a recognised legal status?

Our accountant advised that I must, legally, change my status to become a conjoint collaborator.

This is no prblem except that I do not know how to go about it. Can anyone point to the right office(s)? Is it the local CCI?

Thanks Muzzie

 

 

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Hello Muzzie

We have recently started our business, with my wife registered as the conjoint collaborateur.  It was done at the CCI (as we are not artisans).  I think that the form that we used to register the business is also used to make changes to the business (form PO).  In addition, the person in whose name the business is registered will have to complete/ produce a form containing words something like the following (it is a copy/paste from a PDF scan and contains errors malheureusment[:(]). Hope this helps[:D]

ATTESTATION CONJOINTS COMMUNS EN BIENS

Je soussigne .....................................declare sous ma responsabilite, conformement a l'article R123-121-1 du code de commerce, avoir informe mon conjoint M/Mme .............................................avec lequel/laquelle je me suis marie (e) sans contrat de mariage (1) ou bien avec un contrat de mariage qui prevoit des biens communs aux epoux , sur les consequences des dettes contractees dans I' exercice de ma profession sur ces biens communs.

(1) La mention relative a  l'absence de contrat de mariage ne signifie pas que le regime legal :francais est applicable.

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Hi

I'm interested to know what affect this has on cotisations etc. I presume if there are two names associated then charges will be higher for pension etc.?  The term 'legal status' is a bit odd too as it is suggesting that the millions of people who have one partner working the other not are in some way not legal which can not be true.  Does anyone know more about this requirement?

Panda[8-)]

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My understanding of the situation, from my accountant, is that the level of cotistations are the same, but they are then split between the two people, so each gets half the pension for instance (though you may be able to elect for a specific split?).  Also, I only believe the other half needs to be a CC if they take an active part in the business (whether bookeeping for someone registered at the CDM or engaging in the activity of someone registered at the CCI).  This gives them the aforementioned pension rights, though if they weren't a conjoint, and weren't taking an active part in the business, they would still be able to piggyback onto their OHs healthcare.

Hope this helps[:D]

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If there is 1 tip I can give anyone at the mo about conjoint collaberateur, is DON'T DO IT AT THE MOMENT, RSI seem to have a backlog of work, we had a letter on Saturday regarding the notice we sent in in June last year; and until such time as it is cleared they will take 2 whole lots of pension payments off you. They are still trying to take €1198/mth, and cannot organise the paperwork correctly to split the deductions 2 ways and send it to 2 individual pots.

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I read the article in 'French News'.I dont remember it word for word but it was basically something to do with one partner being sole trader / self employed the other one now, by law, had to have a 'status' other than just wife or husband.

 We have chosen conjoint collaborator whereas other people choose to become a paid employee for tax reasons. I don't know the excat law but it was definately somehting that changed last July so I'm a bit behind.....

Muzz

 

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Hello again Muzzie.

You only have to choose a legal status if you do something for the business of your spouse.  If you do NOTHING for the business, and you really are only the wife, then you don't have to have a legal status.

Take a look at  http://www.le-rsi.fr/affiliation_et_cotisations/cotisations_conjoints_collaborateurs/statut_conjoint_collaborateur.php

Hope this helps.

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Hi

Thanks for the link it is clearer now, it does state that the conjoint will pay basic pension contributions  (I believe) which may be attractive (not for me as I can't imagine ever paying enough years in to get anything out) and could be the reason the accountant suggested it, but does very clearly state you must be doing something in the business and not be paid for it.

Panda

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