Should we prioritise assistance in the form of capital, with ARCE or the maintenance of its unemployment benefit (ARE)? The two devices are complex, and deserve an in-depth study.
This is a chance, almost a French particularity. Job seekers who create or resume a business are particularly well-off. During the launch phase of their project, and provided they are registered with the employment and be compensable, they have the possibility to choose between two devices: the maintenance of their unemployment benefits (AER – aid for return to employment) or the payment of financial assistance for the startup of their business (ARCE – assistance for the takeover or creation of a business).
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Only problem: they have to quickly choose between one or the other of these devices since they are not cumulative. So it is best to thoroughly study the issue upstream according to his needs and his situation.
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1. ARCE: of the money available immediately for the company
This kind of “bonus” paid by the Pôle emploi may represent several thousands of euros, which is far from negligible at the start.
Its amount takes account of the rights to unemployment that you have acquired prior to the date of the creation: it corresponds to 45% of the aggregate amount of allowances that remain in the day of creation of your business. (Pôle emploi is in charge of doing the calculation for you.)
The aid is paid in two times: the first time at the time of the creation of the company, the second six months after, provided that the activity is still existing.
If, for example, the remaining total of your allocations is 30,000 euros, your help with capital of 13,500 euros (30.000 x 0,45). The creation, you will receive 6.750 euros (first half), and then 6.750 euros six months later (second half).
What are the conditions to benefit from it? To get the ARCE, it is necessary to obtain Acre (Help for unemployed designers and corporate buyers), an exemption from social security contributions for twelve months. You will make the request at the time of the creation of the company in filing statement of the establishment of the company or within 45 days.
as Soon as you have provided the certificate of the income of the Acre (you will receive it in a maximum time of 30 days after the date of application) and proof of the declaration of activity at the CFE (centre de formalités des entreprises), you will be able to collect the first payment.
When to opt for ARCE? The creators project is mature and who have the certainty of a quick start, have an interest to opt for ARCE. Those who have an aversion to the administrative also because this device does not require any formality, apart from the two requests (Acre and CFE): no updating monthly is not necessary.
This money can be used to purchase equipment, stock, but mainly to finance the working capital requirements. In addition, the mechanism is relatively simple.
2. The maintenance of the benefits ARE: an income to stay afloat
If you opt for the maintenance of the AER, you can touch each month all or part of your unemployment benefits, depending on what you make from your activity. If it does not generate any revenue (which is common at the start), you will be entitled to all of your allowances until the exhaustion of your rights.
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If on the other hand, you earn income, you will earn a portion of your unemployment benefits with the compensation end of your new activity.
What are the conditions to benefit from it? You need to register in job center and fill out a form to help return to employment (ARE).
The duration of compensation is variable depending on your situation. In general, x months full-time work = x months of compensation. So, if you have worked 10 months and have lost your job, you can receive an unemployment allowance for up to 10 months maximum. However, the compensation period may not exceed 24 months (36 months for more than 50 years).
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When your business will be created (providing the statement of activity of the Centre for business formalities), you will need to send a monthly statement of activity to Pôle emploi, in which you specify the number of hours worked and the amount of income received (read more : the intricacies to know what to declare).
This process, called refresh, is mandatory: the information that you transmit enable Pôle emploi to calculate the amount of allowances to pay you for the month.
• If you don’t win, you will receive 100% of your unemployment benefits until exhaustion of your rights.
• If you are receiving income, the system of cumulation of origin between the AER and your new payment is put in place. To make it simple, the amount of additional allowances equal to the total amount gross AER monthly, a minimum of 70 % of gross income monthly from your new business.
In what case choose the maintenance of the AER? The creators dont activity is slow to take off (services, web sites…) have a vested interest to prefer the maintenance of their allocations. And so ensure to collect all the months a income, source of security. In all cases, it should not hesitate to speak to the advisers of Pole employment, which, beyond to advise you on the best choice to make, you will help to make all these complex calculations and let you know the amount of allowances to which you are entitled as well as your compensation period.
The subtleties to know about the nature of the income to declare
The amount of income to report to a job center at your discount varies depending on the legal form of the business and its mode of taxation.
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• For companies subject to IR (income tax) such as sole proprietorships, EURL, SARL, SA and SAS who opted for the IR, the revenues are not known until at the end of the first accounting year (for the record, the remuneration of the contractor consists of the set of benefits derived from the professional non-salaried activity; it thus depends on the results of the activity).
In this case, and in the absence of income known, the remuneration taken into account for the calculation of unemployment benefits corresponds to a package: 7.453 euros in the 1st calendar year of activity of a creation in 2017 (621,11 euros / month), and 10 592 euros the 2nd calendar year (882,63 euros /month).
“at the end of the first accounting year, job center re-calculates your fees based on the pay you actually earned. It may be that the creator has too much. In this case, he shall repay,” says Antonella Viland, founder of the site macreationdentreprise.fr and trainer in business creation.
• The calculation is different for the micro-entrepreneurs and is based on the monthly turnover declared. If it is zero, the maintenance is over.
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• For companies subject to corporate tax (IS), , the calculation is more simple. The remuneration of the executive or the manager, decided collectively by the partners and formalised in the minutes, is the activity income.
The claimant declares to the job center every month to allow the calculation of unemployment benefit is maintained. Small tip: “The chief executive officer may decide not to pay (to be mentioned in the minutes at the general assembly during the constitution of the company). In this case, his ARE to him will be paid in full. Provided, of course, do not pay will be granted not more of the dividends which may be subject to social charges depending on the legal status chosen,” says Antonella Viland.