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Deadline personal income tax return 2019 & be aware of interest

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Deadline personal income tax return 2019 & be aware of interest. Now that the year has ended, it’s time to prepare for the Dutch personal income tax return 2019! The filing deadline for the Dutch personal income tax return 2019 is May 1st 2020. Here you can find the tax rates for 2019. 

In case you have to pay additional personal income tax on your personal income tax return 2019 be aware of the accruing interest (‘belastingrente’) on the amount on tax due following the 2019 personal income tax return. The tax office may start calculating interest in case your personal income tax return over tax year 2019 has been filed after May 1st 2020.

Since the interest rate as used by the tax office is fixed at 4% on annual basis, this interest rate is well above any interest percentage you may expect to receive on a Dutch bank current account / savings account.

Additional personal income tax may be due e.g. in case of savings held above the applicable thresholds or other taxable income which was not yet taxed, e.g. by means of wage tax and/or a preliminary tax assessment. Here you can find an explanation of the Dutch equity tax system.

Here you can find more information on the possibility to file tax returns retroactively going back for a maximum period of five years, be aware that tax deductions have to be made in the year the expenses were made. An example of a required retroactive filing is the deduction of study expenses in prior years, explained here.

Before filing a Dutch tax return, without having received an invitation from the Dutch tax office, it may be wise to check your Dutch tax residency status which is explained here.

Another possible reason to file your personal income tax return 2019 on time is that the tax authorities will reply (mostly by way of a personal income tax assessment 2019) more quickly. This could be especially interesting in case of an expected tax refund, e.g. in the year of migration (immigration or emigration).

We can assist with the full process to file your personal income tax return. If needed we can arrange for a lengthy filing extension of your personal income tax return 2019, however be aware that the possible interest calculation will not be extended by the tax authorities.

Some brief additional information on the Netherlands Dutch personal income tax system can be found here.

Annual indexation for 2020 minimum salary 30% ruling

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Salary criterion –
A salary criterion is to be met to apply the 30% ruling, below is the annual indexation for the 2020 minimum salary to qualify for the 30% ruling. There are three qualifying salary groups:

1. Scientists do not have a salary minimum;

2. People below 30 years of age with a Masters education have a minimum salary requirement of EUR 29,149 (2020) / EUR 28,690 (2019) / EUR 28,350 (2018) excluding the 30% reimbursement and EUR 41,642 (2020) / EUR 40,985 (2019) / EUR 40,500 (2018) including the 30% reimbursement;

3. For Expats that do not match the groups under 1 and 2, a minimum salary requirement applies of EUR 38,347 (2020) / EUR 37,743 (2019) / EUR 37,296 (2018) excluding the 30% reimbursement and EUR 54,782 (2020) / EUR 53,918 (2019) / EUR 53,280 (2018) including the 30% reimbursement.

Please note that these minimum amounts are subject to annual indexation. In principle the salary criterion may not be decreased pro rata in case of a part time employment. There is an exemption on this rule in case of parental leave.

The salary criterion in principle replaces the prior criterion of required specific skills, in that sense the ruling has become more accessible. Please note however that the salary criterion is a continuous test, the employer is therefore held to continuously check whether all requirements are still met by its employee.

Here you can find full details on all criteria to be met in order to qualify for the 30%-ruling.

We can assist with the full process of obtaining the 30%-ruling, please contact us.

Social security international employees; where are you insured?

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Social security international employees; where are you insured?

When you work as an employee or self-employed person in several countries at the same time, it is sometimes difficult to determine in which country you are socially insured and therefore which country is entitled to levy when it comes to social security contributions. The Dutch social premiums are the AOW, Anw and Wlz (national insurance schemes) and the WW, WAO, WIA and ZW (employee insurance schemes).

In order to ensure that several countries do not claim to be entitled to levy premiums, European Union Regulation 883/2004 on the coordination of social security systems has been created. The Regulation contains designation rules that assign the levy rights to only one country in cross-border situations. Please note: the Regulation only applies to EU member states.

Article 11 of the Regulation provides that the country of employment (ie the country in which the work takes place) may in principle levy social contributions. So if you live in the Netherlands but you work in Germany, then according to the Regulation you are obliged to hand over social contributions to Germany (you can never be obliged to do so to in two countries).

Do you perform work in 2 or more Member States for 1 employer? Then Article 13 of the Regulation applies. The rules are as follows:
If you perform 25% or more of the activities in the Member State in which you live, this Member State is entitled to tax.
If you perform less than 25% of the work in the Member State in which you live, then the Member State is entitled to tax where your employer is based, or where your employer is established.

Do you perform work in 2 or more Member States for 2 or more different employers? In this case the following rules apply:
If the 2 employers are located in the same Member State, this Member State is entitled to tax;
If employers are located in 2 different Member States, 1 of which is the Member State where you live, the other Member State is taxable;
If the employers are located in at least 2 different Member States, not being the Member State where you live, the Member State where you live is taxable.

Interesting is the concept of employer that has always been formally explained for the application of the Regulation. From the above rules it emerges, as soon as one does not perform at least 25% of the work in the country of residence and there is 1 employer (this is often the case) that the country where the employer is established is entitled to tax. Consider, for example, professions within professional goods transport, where many borders are crossed and along which they are en route.

A formal explanation of the term employer is about the location on paper. The registered office is usually looked at (in which country is the employer registered). It does not seem incomprehensible that such a formal approach encourages fraudulent arrangements whereby a paper employer is established in a certain country, but actually operates from another country.

On 26 November 2019 the Court of Justice of the European Union decided in a judgment to drastically change this interpretation. In the judgment, the Court answers questions referred for a preliminary ruling by the CRvB (Centrale Raad van Beroep).
There has long been a tendency within jurisprudence towards a more material interpretation of the concept of employer within social security, but this has never been pronounced by the Court.

The present case concerned an Cypriot employer. This Cypriot employer employs many truck drivers who thus have a paper based employer in Cyprus. Social security contributions in Cyprus are considerably lower than in the Netherlands. This goes hand in hand with a poorly functioning social safety net. If you suddenly become incapacitated for work, you can to a lesser extent count on a decent benefit.

The actual situation between the truck drivers and the Cypriot employer was that the truck drivers were fully available to companies established in the Netherlands for an indefinite period of time and that they also exercised actual authority over them. The Court has therefore ruled that the employer is “who has recruited the persons concerned, who in fact has them fully available for an indefinite period of time, who exercises the actual authority over them and who de facto bears their wage costs”.

This way, structures that have nothing to do with reality are avoided and you as an employee or self-employed person are also protected against a weak social safety net.

Study expenses remain deductible in 2020 and 2021, change as of 2022

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Study expenses remain deductible in 2020 and 2021, change now planned as of 2022 – For a number of years the government is aiming to convert the system of deducting study expenses to an allowance system.

This – apparently – is a complex transition, hence the last tax year study expenses can be deducted in the personal income tax return is being moved one year further. Meaning qualifying study expenses made in the year 2020 and 2021 can still be deducted.

The plans were that 2019 was the last year, now 2021 is the last year tax deduction of study expenses will be possible. Here we have published on study expenses before as well as on the related conditions.

Insight determining tax residency by the Dutch tax office

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Recently the Dutch tax authorities have shared documents which give some detailed information on how they determine whether a person qualifies as a Dutch tax resident. The first important insight is that the tax office only focusses on the facts within the Netherlands.

The importance of the determination whether a person can be seen as a Dutch tax resident is that such Dutch tax resident is taxable for his/her worldwide earned income and held equity. Furthermore Dutch tax residency is crucial for gift and inheritance tax.

In some cases there is no doubt about the tax residency of a taxpayer. But there are also situations where more than one State claims to be the country of residence.

If two States say that a private individual is their tax resident, usually the tax treaty between these States determines of which state that person is a resident. A tax treaty goes beyond any (Dutch) tax residency fiction. For the treaty, the factual circumstances are decisive for determining the tax residency.

Because factual circumstances determine where a natural person is located, a tax residency survey of the Tax authorities must be of a very factual nature. It is also important to note that the inspector has the burden of proof that a person is a tax resident of the Netherlands.

The extend of such tax residency survey can be far reaching. Recently the Museum Card foundation, after a long process, was ordered in a Court case to share information on a Card holder with the tax office to this effect.

Only in case of a change in the living situation, the taxpayer is the person who bears the burden of proof of this change.

The Tax office will first check whether a private individual lives in the Netherlands on the basis of provisions in National laws and regulations. If a person is not a Dutch tax resident based upon Dutch laws, there is no need to rely on a tax treaty or other double taxation scheme.

The documents made public show that the Tax Authorities,
during a tax residency survey, check whether a person has a durable personal relationship with the Netherlands. According to the documents, it is not necessary that the center of social life of the person is in the Netherlands.

Facts that indicate a durable relationship with a state include:
• the person actually has a permanent home;
• the whereabouts of the family;
• the residence of the person himself;
• the presence of social ties;
• the presence of professional or business connections;
• the presence of financial interests;
• spending pattern;
• intention in so far as this is apparent from the facts;
• registration in the basic personal data registration (BRP);
• nationality.
The tax authorities do not apply a fixed ranking for these circumstances, but attach great importance to the sustainable housing and the residence of the partner and / or children. But no fact is in itself decisive.

The inspector must also distinguish between formal and material circumstances. The whereabouts of the family and the actual residence of the taxpayer are material circumstances. Examples of formal circumstances are nationality and registration in the municipality register. The inspector must attribute higher value to material circumstances than to formal circumstances.

Certain published documents state that the Tax office do not have to weigh domestic and foreign facts. Foreign facts and circumstances do not play a role. Only what binds the person as investigated within the Netherlands is important for the inspector.

A private individual is obliged to provide the Tax office with information that may be important for determining this individual’s tax liability. This means that the inspector can also ask to provide information that gives insight into the place of residence. Incidentally, the obligation to provide information also applies to foreign taxpayers. However, this obligation to provide information does not go so far that the Tax office may start a fishing expedition for information.

We often advise on tax residency issues. Please be aware that even if you are not a tax resident of the Netherlands, you may still have a Dutch tax liability as a foreign tax payer. For example when you as a foreigner own real estate located in the Netherlands. In that case an annual personal income tax return for foreign tax payers is to be filed.

Dutch equity income tax system; tax rates and how does it work

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The personal income (flat) tax rate for income from equity is 30% and is calculated over a (progressive) deemed interest made on equity (equity tax is also referred to as: “box 3”). In brief equity can be summarized as (worldwide held) assets minus (worldwide held) debts. The point of departure is the value of the equity per beginning (January 1st) of the relevant tax year to be taken up in your personal income tax return. Based upon this value the deemed taxable income (benefit from savings and investments) is calculated.

The benefit from savings and investments is set at 0.13% of the part of the basis for savings and investments that belongs to yield class I, plus 5.60% of the part of that basis that belongs to yield class II. The height of the part of the basis for saving and investing that belongs to yield class I or yield class II, is determined on the basis of the following (2019 rates) table*:

An example of the above equity tax table: A single individual has an equity of € 130,360 per January 1st 2019. After applying the threshold a taxable equity remains of € 100,000. The actual income made on this equity is not relevant, nor is relevant how this equity has been invested, e.g. as bank savings and/or (partially) invested in stock. Both the taxable interest as well as the kind of investment is fictitious. The first € 71,650 is effectively deemed to have made an interest income of 1.935% (67% x 0.13% plus 33% x 5,6%) is € 1,386. The second part € 100,000 -/- € 71,650 = € 28,350 is effectively deemed to have made an interest income of 4.451% (21% x 0.13% plus 79% x 5,6%) is € 1,261. Total deemed interest is 2,647 x 30% tax = total amount on equity tax is € 794.

The idea behind the two different yield classes is that individuals with more equity are deemed to take more risk by investing in stock, yield class I is the low interest bank savings account and yield class II are the higher interest giving stocks. There is however no counter proof possibility within the law for individuals with a high amount on equity put in low interest bank saving accounts. Based upon case law dealing with double interest fictions, there may be a counter proof possibility in case the actual interest is at least 10% lower than the deemed interest. Court procedures are expected regarding the above explained equity deemed interest income system. Be sure to object on time.

For foreign tax residents the scope of Dutch taxable equity is limited to 1.
(rights related to) real estate held in The Netherlands, and 2. a (passive) profit share held in a Dutch company. Especially (rights related to) real estate held in The Netherlands will often be allocated for taxation to The Netherlands under most tax treaties.

It is therefore crucial (to avoid fines and interest) to do a timely annual personal income tax return filing. To this purpose TaxAble – as part of our tax return service – can serve as your representative at the Dutch tax office. Also our office can be held as your correspondence addres with the tax office, so we can be on top of any correspondence the tax office may send, such as assessments on which strict objection deadlines apply.

As an alternative to being taxed on deemed income from your equity, you could consider to incorporate your own company and be taxed on the actual interest you make on your equity.