Does an employer relocating employees or sending employees on secondment to The Netherlands have an obligation to register as an employer and pay payroll taxes in The Netherlands? If so, what are the filing requirements?
Registration at the Chamber of Commerce
As a result of the European Posted Workers Directive Irish employers which second employees to the Netherlands, receiving a reimbursement for this secondment and where the employee works under the supervision of a Dutch employer, are obliged to register with the Dutch Chamber of Commerce and to make a so-called WAADI-registration.
Should the above not be applicable the Irish company is only obliged to register with the Dutch Chamber of Commerce in case they have a permanent establishment in the Netherlands.
Registration Wage taxes
An Irish company is obliged to register and withhold Dutch wage taxes in case it has a permanent establishment in the Netherlands. Whether or not an Irish company has a permanent establishment depends on double tax treaty between the Netherlands and Ireland. In short the Irish company should either have a fixed place of business in the Netherlands through which their business is wholly or partly carried on, a building/installation site in the Netherlands for more than 12 month or a dependent agent active in the Netherlands. Whether this is the case strongly depends on the facts and circumstances on how the Irish company operates in the Netherlands. A non-resident company would have a fictional permanent establishment for the Dutch wage taxes in case the company seconds employees to the Netherlands and their employees will work under the supervision of a Dutch employer (WAADI-situations, see above).
An Irish company can also make voluntarily registration with the Dutch tax authorities in case they have employees subject to Dutch personal income tax. A voluntary registration could be beneficiary in case one of the employees is eligible for the 30% wage tax facility (see under 30%-ruling).
Under the double tax treaty between Ireland and the Netherlands (seconded) employees are subject to Dutch income tax in case the employees perform work on Dutch territory and either;
What are the income tax rates in The Netherlands?
The rates of the income tax and social security tax in 2016 are:
Income tax rate
Social security contribution
Combined tax rate
How would travel and subsistence expenses from home country be treated if employee is required to be in The Netherlands?
In case these costs qualify as extraterritorial costs, the actual costs of these expenses can be reimbursed tax free by the employer. In case the employee is eligible for a so-called 30%-ruling (see next question) the employee may reimburse these costs via a lump-sum amount of 30% of the taxable wage in the Netherlands.
Definition of extraterritorial costs
In general, extraterritorial costs are the costs incurred by an employee because he is residing temporarily outside of his country of origin, such as:
The following costs are explicitly not considered to be extraterritorial costs:
Are there any exemptions for workers coming from abroad?
In the Netherlands we do not have a specific engineering or IT consultancy wage tax exemption. Expatriates may however in the Netherlands be eligible for a so-called 30%-ruling. Under this ruling employees are allowed to receive a tax free reimbursement from their employer to a maximum of 30% of their wage. This reimbursement is meant as a compensation for the extra expenses made for working abroad (“extra-territorial costs”, see above). Without having to substantiate the actual height of these costs with invoices/receipts.
In order to obtain an 30%-ruling, the employee and the employer must file a formal request within 4 months after the arrival of the employee in the Netherlands and meet the following requirements:
In case a request is filed later than 4 months after the arrival, the ruling cannot be applied retroactive to the moment of immigration. A 30%-ruling will normally be provided for the term of 8 years. This term may be shortened with prior stays in the Netherlands over the past 25 years. The ruling is withdrawn in case the secondment has ended, and upon request the ruling can be continued in case the employee switches to another employer.
In addition employees with an 30%-ruling who become Dutch resident tax payers, might opt for the treatment as a partial resident tax payer for the Dutch personal income tax purposes. Partial resident tax payers are not taxed in the Netherlands for their worldwide income but only for their Dutch sourced income.
For further information, please contact Ruud van Poppel Wesselman Accountants
A video message from Tadgh O'Sullivan, Director.
To request a call back from the OSK team, please complete the form below.