Hoje em dia, é muito comum que os condomínios coloquem empresas especializadas à frente de sua administração. Isso acontece devido à correria do cotidiano das pessoas que aumenta o desinteresse em assumir a função de síndico, ou para evitar problemas de má gestão, ou por motivos de estresse causados ao síndico quando assume tamanha responsabilidade etc. Ainda assim, muitos condomínios funcionam através de autogestão: com síndicos que são proprietários ou moradores. É comum que esses síndicos-moradores obtenham isenção da cota de condomínio ou recebam remuneração de prolabore, e é aí que entram as obrigações fiscais.

Seja feita a remuneração do síndico através da isenção da taxa de condomínio (geralmente, só a taxa ordinária), ou através de prolabore, sobre esses valores recaem o desconto de INSS, e em alguns casos até de IRRF. E atenção, esta renda deve ser considerada na sua declaração de imposto de renda.

A remuneração do síndico, geralmente prevista na Convenção Condominial, deve estar prevista no orçamento anual, senão a gestão financeira do condomínio sofrerá.

Como então é feita a remuneração do síndico?

A remuneração do síndico é feita de forma indireta, quando ele é apenas isento da cota de condomínio, e de forma direta, quando existe a remuneração através do prolabore. Algumas questões devem ser consideradas:

1. O síndico é considerado por lei um contribuinte individual (Lei 10.666/03), isso quer dizer que ele não está inserido nas regras correspondentes à CLT (Consolidações das Leis do Trabalho), ou seja, não tem garantido os direitos exclusivos àqueles profissionais com carteira assinada;

2. Ele é segurado obrigatório da previdência social, e é de obrigação do condomínio (fonte pagadora) o recolhimento da contribuição que lhe cabe.

Ou seja:

1. É descontado 11% da remuneração do síndico, a título de INSS.

2. O condomínio é obrigado a contribuir com 20% da remuneração do Síndico para a Previdência.

3. O síndico que tiver remuneração direta ou indireta deve incluir o benefício na declaração de Imposto de Renda como “outras receitas”. Essa receita deve ser declarada na DIRF caso ultrapasse o valor de R$6 mil anuais.

A inscrição como contribuinte individual pode ser feita pelo próprio síndico através da página do INSS, do PREVFONE (135) ou até mesmo nas Agências da Previdência Social de todo o país.

Apesar de prestar serviços ao condomínio com remuneração e haver contribuição previdenciária sobre sua remuneração, o Síndico não é empregado do condomínio. Não existe regra em relação a carga horária, jornada de trabalho, férias, subordinação. Ele é o gestor condominial de acordo com a Lei de Condomínios: 4.591/64.

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