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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.

New VAT exemption for small businesses as of 2020

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Entrepreneurs with an annual turnover under € 20,000 may be exempt from paying VAT if they opt for the so called small businesses VAT scheme (“KOR”). In order to participate in this small businesses VAT scheme, an application is to be made with the Dutch tax office at least 4 weeks before the start of the oncoming VAT quarter.

If you are already exempt from paying VAT, your exemption will continue automatically. If you no longer require a VAT exemption or do not qualify for the new exemption rules, you must inform the Dutch tax office.

When applying the small businesses VAT scheme, such entrepreneurs with an VAT exemption no longer charge VAT to their clients. Also, when applying the exemption, such small businesses do not have to file a VAT return, meaning they do not have to pay VAT but can also not deduct VAT. In addition applying small businesses are exempted from keeping a VAT administration.

The exemption of not having to file VAT returns and keeping an administration only applies to goods and services provided within the Netherlands. Small businesses that apply the exemption, will have to continue the exemption for at least 3 years, unless the annual turnover exceeds €20,000. In case of exceeding the tax office must be notified.

New as of 2020 is that legal entities (e.g. the B.V.) are also eligible for the small businesses VAT scheme.

We can assist to check the pro’s and cons of this new VAT exemption and to apply for the new scheme. We can also assist your company with all required tax, legal and accountancy needs.

 

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.

Entities required to have eHerkenning to file their tax returns in 2020

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All legal entities are required to have eHerkenning to file their tax returns in 2020. For all legal entities, such as the ‘B.V.’, it is required to have a digital log in account called ‘e-herkenning’ (security level eH3 and up) in case they prepare their own tax return filings. The current portal for entrepreneurs will no longer be active for legal entities. Sole proprietors, such as the ‘eenmanszaak’, will remain to able to file through this portal.

Wage tax returns
From 1 February 2020, employers who submit their own wage tax return for 2020 via the website of the tax office can only do so via the new My Tax Office (MBD-Z) portal. Sole proprietors can log in there with DigiD, the other employers must use eHerkenning for this. The employers to whom this applies are already informed through a letter from the tax office.

The tax office advises employers who prepare their own wage tax returns and do not yet have access to MDB-Z to purchase e-Recognition as soon as possible from one of the suppliers recognized by the government. Alternatively a tax intermediate can take care of your tax filings. This allows employers to submit their wage tax returns in a timely manner. The monthly declaration for January 2020 must be submitted and paid for no later than 29 February.

VAT and corporate income tax returns
It is expected that – during the course of the year 2020 – also tax returns for VAT (legal entities) and corporate income tax can only be submitted through e-herkenning.

Be aware of timely filing annual accounts at Chamber of Commerce

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Be aware of timely filing of the annual accounts at Chamber of Commerce. 
Dutch legal entities such as BVs, NVs and cooperatives are required to file their annual accounts with the Dutch Chamber of Commerce (‘KVK‘) each year. These are the best known legal forms. But there are more legal forms with a requirement to file. Financial details of companies can be viewed by third parties and stakeholders by depositing. Depositing does not apply to sole traders.

We assist companies to deposit their annual accounts, we can assist with all company sizes.

A financial statement is a financial report of your company for the past year. Not or non timely depositing has consequences. Since September 2018, the law also imposes additional requirements on the information in the financial statements.

The basic principle is that you deposit the annual statement with KVK within 12 months after the end of a financial year. So the annual accounts for the year 2018 have to be filed before December 31st 2019. The management of the legal person is responsible for this. Has the financial statement been adopted? Then it must be at KVK within 8 days.

Adopting the annual financial statements is often quite a job. After drawing up by the management, the shareholders and possibly a supervisory board must also approve the annual accounts.

What is the timeline? The terms differ per legal person. If the financial year is the same as the calendar year, the following terms apply:

Within 5 months after the end of the financial year (no later than 31 May), the board prepares the annual financial statements and submits them to the shareholders. The shareholders grant the board a maximum of 5 months’ deferment for the preparation (31 October at the latest) in the event of special circumstances. The shareholders then have 2 months to adopt the financial statements. The final deposit date is therefore July 31 (5 + 2 months). With a maximum delay this is December 31 (5 + 5 + 2 months).

Exception to the rule
Are all shareholders also a director or supervisory director? Then the signing of the annual financial statement will immediately provide for this. Separate determination by the shareholders is not necessary. The extra 2 months expire. In this case, a BV will deposit on 8 June (5 months + 8 days) and no later than 8 November (5 months + 5 months + 8 days).

No timely determination
It is possible that the shareholders do not adopt the annual accounts in time. Not depositing is not an option. As the board of directors, you have a duty to file a provisional annual statement in such a case. This must be done within 7 months (31 July at the latest). With a maximum delay this is within 12 months (31 December at the latest).

No or late filing
Not depositing or not depositing on time has consequences. Within the bankruptcy of a legal person, this can be regarded as improper management. Directors can be held jointly and severally liable for any debts. In addition, it is an economic offense whereby the Public Prosecution Service can impose a substantial fine via the Tax Authorities (a maximum of 20,500 euros). Reason enough to adopt and file the annual accounts on time! We assist companies to deposit their annual accounts, we can assist with all company sizes. Please find more information this through clicking this link.

We can assist with all your legal, tax and accountancy needs.

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.