Healthcare professionals: which legal structure should you choose to practise through a company?
Key points
- •SELARL: TNS regime, social contributions on dividends above 10% of the share capital
- •SELAS: employee-equivalent regime, dividends subject only to social levies (18.6%)
- •SCP: unlimited liability, declining in favour of the SELARL
- •SCM: pooling of resources with no impact on the mode of practice
- •The choice depends on income level, desired social protection and the partnership project
Why practise through a company as a healthcare professional?
Practising through a company allows healthcare professionals (doctors, dental surgeons, pharmacists, nurses, physiotherapists, midwives) to structure their activity, optimise their taxation, make it easier to join forces with colleagues and prepare the transfer of their patient base.
Moving to a company structure converts the BNC income (bénéfices non commerciaux, French non-commercial profits) of individual practice into remuneration as a managing director or president, with significant implications for social contributions and taxation. It also makes it possible to build up professional assets separate from personal assets.
SELARL: the most widespread practice company
The SELARL (Société d'Exercice Libéral à Responsabilité Limitée, a French limited liability company for regulated professions) is the legal form most commonly chosen by healthcare professionals. It offers liability limited to contributions (except for professional misconduct), flexibility in the distribution of profits and the option of electing for corporate income tax (impôt sur les sociétés, IS).
Electing for corporate income tax makes it possible to control the level of remuneration, and therefore of social contributions, with the surplus profit taxed at the corporate rate (15% up to EUR 42,500 of profit, then 25%). Dividends paid to the majority managing director are subject to social contributions for the portion exceeding 10% of the share capital.
The majority managing director of a SELARL falls under the self-employed regime (travailleurs non salariés, TNS), with social contributions that are overall lower than those of the employee regime, but with more limited social protection, particularly as regards income protection insurance and supplementary pension.
SELAS: the model inspired by the joint-stock company
The SELAS (Société d'Exercice Libéral par Actions Simplifiée, a French simplified joint-stock company for regulated professions) is an alternative to the SELARL offering great flexibility in its articles of association. The president of a SELAS falls under the general social security regime (treated as an employee), which provides better social coverage but higher charges.
The main advantage of the SELAS lies in the treatment of dividends: unlike the SELARL, dividends paid to the president of a SELAS are not subject to social contributions (apart from social levies of 18.6% since January 1, 2026, raised from 17.2% by the LFSS 2026, the 2026 Social Security Financing Act). This difference can make the SELAS more advantageous for professionals generating substantial profits.
The SELAS also offers more flexibility for organising governance when several practitioners join forces, thanks to the freedom in drafting the articles of association inherent to the SAS form.
SCP and SCM: the resource-pooling structures
The SCP (Société Civile Professionnelle, a French professional partnership) allows healthcare professionals to practise their activity jointly. Each partner is liable without limit for the partnership's debts. The SCP is subject to personal income tax by default, with each partner taxed on his or her share of the profits. This model is tending to be abandoned in favour of the SELARL because it offers no limitation of liability.
The SCM (Société Civile de Moyens, a French cost-sharing partnership) is not strictly speaking a practice structure: it only allows practitioners to pool material resources (premises, equipment, administrative staff) while each keeps his or her individual or corporate practice. It is tax-transparent and has no impact on each partner's mode of professional practice.
How to choose between SELARL and SELAS: the decision criteria
The choice between SELARL and SELAS rests on a personalised analysis taking into account the level of professional income, social protection needs, the partnership project and the wealth strategy. For moderate income, the SELARL with its TNS regime is often more favourable. For high income with a significant savings capacity, the SELAS can prove more advantageous thanks to the absence of social contributions on dividends.
Other criteria come into play: the wish to contribute more towards retirement (general regime via the SELAS), the desire for flexibility in the articles of association (an advantage of the SELAS), or conversely simplicity of management (an advantage of the SELARL).
Our team, specialised in the law of healthcare professions and in tax law, carries out comparative financial simulations to guide practitioners in Lyon and the surrounding region in their choice of structure, integrating the legal, tax and social dimensions.
Frequently asked questions
What is the main difference between a SELARL and a SELAS for a doctor?
The main difference lies in the executive's social regime. The managing director of a SELARL is self-employed (TNS) with lower contributions but less protection. The president of a SELAS is treated as an employee, with better coverage but higher charges. SELAS dividends are not subject to social contributions (only social levies of 18.6%), unlike the SELARL where they are subject to TNS contributions above 10% of the share capital.
Can a healthcare professional move from individual practice to a company?
Yes, this is a common operation. The practitioner contributes his or her patient base and equipment to the newly created company. This operation must be carefully structured to optimise the tax consequences (contribution capital gain, registration duties) and obtain the required approvals from the professional Order.
Is the Order's approval required to create a practice company?
Yes, the creation of a SEL (SELARL or SELAS) by a healthcare professional is subject to registration with the competent professional Order. The articles of association must comply with the rules of professional conduct and be submitted to the Order for approval before registration of the company.
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