As a business manager (manager, president, general manager) you may need company accommodation as part of your duties and professional travel. Putting company accommodation as part of your company's expenses is authorized by law but is strongly regulated and supervised.
What is a benefit in kind?
A benefit in kind is a good or service granted for personal use, free of
charge or in return for a deduction the amount of which is less than the
actual value of the good or service provided.
These benefits can take various forms. This may include the
provision of a telephone, accommodation, a car, etc.
Objects or services provided and used solely in a professional
manner are therefore not considered to be a benefit in kind. A company
vehicle will not be considered a benefit in kind if the travel is
exclusively of a professional nature.
When there is mixed use, both personal and professional, the value
of the personal part of the benefit will be considered as additional salary
for the manager/corporate officer. The benefit in kind will then be subject
to social security contributions, around 60%, as well as income tax. This
salary will then be deductible from your company's results.
The specificity of company housing
Company accommodation is defined as accommodation made available by the
company for an employee or manager. The latter will have professional and
personal use.
It is possible that your work requires you to travel regularly to
another city, which then pushes you to rent company accommodation. The
company will then be able to pay the rent for this accommodation, which will
allow you to enjoy the property throughout the year. In this case, it will
be necessary to calculate a benefit in kind for all the days you make
personal use of this property. Notably weekends for which
you are not supposed to work or on days when you are in another city. The
company will directly cover the share of rent as well as charges intended
for days of professional use. The portion relating to the other days will be
considered as a personal benefit in kind subject to social security
contributions and tax.
We therefore advise you to establish a professional and
personal distribution of the use of company accommodation.
This means that you personally pay a share and the company will bear the professional share. This will allow you to avoid the cost of social charges and to be in a more comfortable position in the event of a tax or social audit. In addition, make sure that the professional part is not excessive in relation to your professional pace.