Property dealer: what is the best legal status?

A real estate agent is a person who acquires real estate and rehabilitates it in order to realize a capital gain upon resale.

For those who wish to exercise this activity professionally, the question of legal status remains at the heart of the concerns according to Sylvain Giudicelli of the company LAVENTURE. In order to make a wise choice, you must first study the possibilities available to you in this regard. Thus, you will be able to determine the legal status that best suits your activity.

The status of a commercial company (SAS or SASU)

To freely exercise the profession of property trader, the status of a commercial company is the most appropriate. Indeed, the profession of property trader implies a commercial activity since it consists in the purchase and the resale of goods. By opting for this type of status, you create a distinct entity. Thus, you protect your personal assets in case of financial difficulties. In concrete terms, the liability of the creator or the shareholders of the company is limited to the amount of their contribution.

If you join with others to form your business corporation, they are considered shareholders. "Two options are available to you in these cases: the SAS or the SARL" explains Sylvain Giudicelli. The SAS (Société par actions simplifiées) status is highly recommended, as it offers a more flexible legal framework. However, if you plan to start your own business, you will have to choose between the SASU and the EURL. In this context also, the SASU (Société par action simplifiée unipersonnelle) status is more appropriate. Property dealers who are the sole owners and managers of their business generally opt for this status. It is indeed an equivalent of the SAS.

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The status of sole proprietorship or EIRL

It is also possible to practice the profession of property trader by opting for the legal status of sole proprietorship (EI). Still called sole proprietorship, this legal form offers several advantages for property dealers who wish to create their structure. First of all, the method of creating a company under the status of EI is very simple and inexpensive. Indeed, to create your structure, you will not have to carry out the obligatory administrative formalities envisaged for the companies.

Also, with an AR, it is not necessary to comply with a legal formalism binding during the life of the company.

The microenterprise regime

Finally, thanks to this status, you have the possibility to benefit from the microenterprise regime. This includes among others the franchise in base of VAT and the withholding tax on income. The particularity of this status lies in the fact that no separate legal entity is created. Thus, the company and its creator form a single person from a legal point of view. To benefit from relatively flexible conditions, you can turn to the EIRL (Individual Limited Liability Company). "Thanks to this status, you will be able to split your professional and personal assets into 2" says Sylvain Giudicelli.

Apart from the options presented above, there are other legal statutes such as the SCI or the microenterprise. These statutes are by nature either unsuitable for a commercial activity or engage the merchant on his personal responsibility. To be sure to exercise freedom and control over your activity, opt for the SAS or SASU statutes.

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