A company is a commercial organisation (usually incorporated but with or without limited liability) which pays salaries to the staff including shareholders/owners, which is recognised for tax, labour law purposes, and generally. It is a separate legal body from the individuals that makeup the company. If this is not the case then it will be classified as a “physical person”. A physical person is normally someone who has a business in his own name (in some cases including partnerships – but this may depend on State law) and who receives no specific remuneration for his work/time, but rather receives all the profits (or a percentage, in the case of a partnership). Where the State recognises the “physical person” as receiving a taxable salary and then the balance as division of profits, the situation will be different – we suspect that these cases will be very rare, if they exist in any Country at all. As a physical person, the owners profit is not an expense and he must use AC. We do not understand how a physical person can be classified as an SME for cost model purposes. A private (incorporated) company paying the owner a commercial salary (not division of profits) can be an SME and the normal rules of FC and FCF calculations apply. We have suggested in the past that a physical person should be allowed to calculate a notional salary per hour and use FCF, but we are not aware of any project officer who has agreed to this (it is really contrary to the original intention – even if that was unfair). We have suggested that the average of the profits of the business for past 3 years divided by the average productive hours for that period (hopefully 1,680 hours or close to that) be used to make this calculation. In our opinion the best way to overcome the problem is to incorporate, but that may have other problems not related to the EU. |