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Close Company: Is the Com Sec treated like a director for PRSI

  • 15-04-2018 1:50pm
    #1
    Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭


    IIRC a director of a close company, who is an employee of the close company, is not able to pay the full rate PRSI, or least get the benefit thereof:
    If above is true, does the same apply to com sec of a closed company who is an employee?
    Thanks as always.

    { If my assumption is wrong I will delete the post }:)

    “I can’t pay my staff or mortgage with instagram likes”.



Comments

  • Registered Users, Registered Users 2 Posts: 402 ✭✭Lockedout2


    A director who has control of a company is class S a director who does not have control is class A.

    I’d image a controlling secretary would find it had to argue that they are not in fact a director!


  • Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,430 CMod ✭✭✭✭Pawwed Rig


    It would depend on the Directors shareholding more than his job title.


  • Registered Users, Registered Users 2 Posts: 59,703 ✭✭✭✭namenotavailablE


    Taken from here:
    Under the provisions of Section 16 of the Social Welfare and Pensions (Miscellaneous Provisions) Act 2013 proprietary directors who own or control 50% or more of the shareholding of the company, either directly or indirectly, cannot be an employee of that company. This provision comes into effect from 1 July 2013.

    In these circumstances the individual is classified as self-employed and is liable to pay PRSI at Class S.

    The classification of proprietary directors who own or control less than 50% of the shareholding of the company will continue to be determined on a case by case basis, taking into consideration the Code of Practice for Determining the Employment or Self-employment Status of Individuals.


  • Registered Users, Registered Users 2 Posts: 535 ✭✭✭dogsears


    Seems OP is referring to the company secretary as not being a director which is perfectly possible.


  • Registered Users, Registered Users 2 Posts: 12,888 ✭✭✭✭Calahonda52


    Thanks for insights:
    one more question:
    A is a director of company A with her sister
    A will be appointed Com sec of Company B and will be an employee of company B

    I presume this is not a SW problem as its two different, unconnected companies.

    “I can’t pay my staff or mortgage with instagram likes”.



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