Accomplice perhaps the general economic crisis that does not mention to finish, in recent years the exercise in the associated form of the liberal professions is gradually spreading more and more. Only in the last few weeks have I been asked three times for clarifications on how to set up a professional associate study.
Beyond the usual questions, whether to associate or not, or even with whom to associate , the management in an associated form of a professional activity allows professionals different advantages, such as the possibility of sharing the costs of the professional study among all the associates , better management of tasks or simply having different professionalism and skills available .
Young lawyers, architects, engineers, notaries, consultants, doctors, and other professionals could find it really convenient to start (or continue) the profession in common with other young partners in order to offer complete services , share work , share means and / or tools of work and so on.
But how to set up an associated study? We'll talk about it in this article.
Attention: if you are an accountant or an insider, this article for its simplicity and generosity, is NOT for you!
The formation of an associated study can take place with a private writing with authenticated signature or with a public deed . The deed must then be communicated to the competent professional associations (only for those professions that require registration, of course).
Once the associated study has been set up, the VAT number must be opened at the Inland Revenue Agency responsible for the territory or contact a qualified intermediary who will open the VAT number online.
From a fiscal point of view , the income produced by the associated firm can not be classified as business income, given that the professional organization is constituted for the performance of the intellectual activity of two or more professionals. It is always a matter of self-employment income . As already mentioned, all the associates who participate in the associated study must in fact be professionals regularly enrolled in their own order .
The professional relationship between the professional and the client remains individual, and is formally regulated by contract or a simple letter of assignment , which defines exactly the type of service required by the client to the study, and the rights and duties of each party. The performance of the service is carried out with the employment of persons related to the study (partner partners or collaborators).
The income and the fees of the professional activity are received by the association and the shares of profit participation are presumed proportionate to the value of the contributions of the members, if they are not determined differently from the deed of incorporation .
With regard to tax treatment , professional firms determine their own income but are not directly subject to direct taxes. The income produced by the associated study is taxed for the purposes of IRPEF for individual members. The Irap (regional tax on productive activities) weighs on the associated study.
Also for the associated studies, sector studies are applied . Sector studies are an assessment tool which, based on some data (accounting and off-balance sheet), using an electronic and statistical method, aims to calculate the presumed revenues for each individual business or professional activity.
With regard to social security , individual members must register with the Social Security Fund of their professional association.
Highlighting the fact that this article deals only with the general principles that pertain to the establishment and management of an associated study , and that you should evaluate other problems of different types, if you are a professional and for various reasons, you are thinking of joining other professionals, perhaps the establishment of an associated study could be a good opportunity.