Belastingdienst

Glossary

Glossary for Business

Clawback scheme (inhaalregeling)
Clawback scheme (inhaalregeling)

The clawback scheme relates to double tax relief. This clawback scheme may mean that a tax benefit from a previous year reduces your double tax relief in a subsequent year.

Avoidance of double taxation

If you choose to be treated as a resident taxpayer, you must declare your worldwide income. You will then have to pay less tax in the Netherlands over certain elements of your income from abroad. This is called double tax relief.

Negative foreign income

The clawback scheme applies to situations in which your foreign income from work and home in a certain year is negative (your deductions are higher than your income). This negative income reduced your foreign income from work and home over that year. This results in a tax benefit in the Netherlands.

This tax benefit may be 'clawed back' in a subsequent year. Your negative foreign income can be carried forward to the next year and reduces your double tax relief.

Voorbeeld
 

Situation in 2007

  • You are employed in the Netherlands and you live in Germany.
  • Your salary in the Netherlands is € 30,000.
  • You have mortgage interest tax relief of € 5,000 for your home in Germany. This tax relief is included in the calculation of your worldwide income.
  • You choose to be treated as a resident taxpayer.

In the Netherlands tax is levied on: € 30,000 - € 5,000 = € 25,000. On the basis of the Tax Treaty, your total income in Germany is negative (mortgage interest tax relief of € 5,000 in Germany). This negative amount of € 5,000 is transferred to a following year.

Situation in 2008

  • You receive a pension payment of € 25,000 from the Netherlands.
  • You have mortgage interest tax relief of € 4,000 for your home in Germany.
  • You choose to be treated as a resident taxpayer.

In the Netherlands tax is levied on: € 25,000 - € 4,000 = € 21,000. On the basis of the Tax Treaty, your total income in Germany is also € 21,000 (private pension and negative income from privately owned home in Germany). Without the clawback scheme, the Netherlands would be obliged to grant you relief for the avoidance of double taxation based on your income in Germany of € 21,000.Due to the clawback scheme, your negative foreign income over 2007 is transferred to 2008. On the basis of the Tax Treaty, your total income in Germany is then € 21,000 - € 5,000 = € 16,000.

Lower deduction

Due to this clawback scheme, the Netherlands grants lower doubel tax relief. The relief is based on € 16,000, not on € 21,000 which is regarded as German income.

Contribution base
Contribution base

The national insurance contributions owed are calculated on the contribution base. The contribution base is derived from the taxable income in Box 1. The contribution base also includes income received abroad that is not subject to income tax in the Netherlands.

Deferral facility
Deferral facility

If your income is (almost) entirely subject to taxation in a country other than the Netherlands, it is possible that some deductible items do not result in a refund of income tax in the Netherlands. In that case, these deductible items will be reserved. If you receive income in the Netherlands in the future, double tax relief will be granted in retrospect with regard to the reserved amount, and you will receive a tax refund or reduction. This is known as the deferral facility.

Employee insurance contributions
Employee insurance contributions

The employee insurance schemes are specifically applicable to staff in paid employment. The contributions under these schemes are paid by the insured person's employer to the Tax and Customs Administration. The contributions are made to cover various insurance schemes, including:

  • occupational disability insurance scheme (WAO or WIA)
  • unemployment insurance scheme (WW)
  • health care insurance scheme (ZVW)
  • sickness insurance scheme (ZW)

Subject to certain conditions, the employee insurance schemes entitle employees to a benefit or provision. The Employee Insurance Implementing Body (Uitvoering Werknemersverzekeringen, or UWV)pays the benefits in the event of occupational disability, unemployment or sickness.

Fictitious disposal
Fictitious disposal

A fictitious disposal is a legal act or other event that does not involve a proper disposal, but is nevertheless regarded as a disposal by the law.

Income from a substantial interest
Income from a substantial interest

The income from a substantial interest is the aggregate amount of:

  • the benefits you receive on shares or profit-sharing certificates that are part of a substantial interest (regular gains), reduced by the deductible expenses; and
  • the profits you realise upon the disposal of shares or profit-sharing certificates that are part of a substantial interest, or upon the disposal of a part of the rights pertaining to these shares and profit-sharing certificates (capital gains), reduced by the deductible expenses
  • reduced by the personal allowance
Income from employment and home ownership
Income from employment and home ownership

The income from employment and home ownership is the aggregate amount of:

  • taxable profits from business activities
  • taxable wages
  • taxable income from other activities
  • taxable periodic benefits in money and kind
  • taxable income from an owner-occupied property
  • negative expenditure on income insurance
  • negative personal allowance items

reduced by:

  • expenditure on income insurance
  • expenditure on childcare
  • personal allowance

 

Kilometre record
Kilometre record

A kilometre record is a record in which all journeys made with a particular car – both for business and for private purposes – are registered. This record should meet specific requirements.

National insurance contributions
National insurance contributions

Like wage tax, national insurance contributions are levied on the employee's wages. The employer paying the wages has to withhold these contributions from the employee's wages and remit them to the Tax and Customs Administration. The following national insurance schemes apply:

  • statutory pension insurance scheme (AOW);
  • surviving dependants' insurance scheme (ANW);
  • child benefit insurance scheme (AKW);
  • exceptional medical expenses insurance scheme (AWBZ).

Most of the national insurance schemes are administered by the Social Insurance Bank (Sociale Verzekeringsbank, or SVB). The SVB is not responsible for levying and collecting the contributions (this is the task of the Tax and Customs Administration), but sees to the implementation of the national insurance schemes.

Notional rental value
Notional rental value

The notional rental value is the benefit from home ownership that is established by using a statutory table and should be added to the income from employment and home ownership. The notional rental value is a percentage of the value of the owner-occupied property. This value is determined in accordance with the Valuation of Immovable Property Act (Wet waardering onroerende zaken, or WOZ).

Owner-occupied property
Owner-occupied property

 An owner-occupied property is a property to which you or your partner hold the (beneficial) title and which serves you (both) as principal residence on a permanent basis. In certain situations, there may temporarily be two owner-occupied properties. For tax purposes, the following properties can also be regarded as owner-occupied properties:

  • a property (principal residence) of which you have the usufruct, if this usufruct was obtained by inheritance
  • a membership in a cooperative apartment association (principal residence)
  • a houseboat (principal residence) with a permanent mooring place
  • a caravan (principal residence) with a permanent site

 

Payroll tax
Payroll tax

Payroll tax is an advance levy in respect of income tax and social security contributions. The Dutch Tax and Customs Administration is responsible for levying wage tax and social security contributions. Wage tax and social security contributions together are often called payroll tax, because they are withheld and paid by the withholding agent as one amount.

Private use of company car
Private use of company car

Under the so-called 'private use' facility, an amount is added to your income if you use a car made available by your employer also for private purposes. This facility also applies if you run a business and use a company car for private purposes. The amount of the addition depends on the extent of the private use, but is at least 0 to 25% of the value of the car. If the actual value of the private use exceeds the addition calculated on the basis of the statutory percentage, this higher value will apply.

Protective assessment
Protective assessment

A protective assessment is an assessment by which the amount of tax owed is determined, but usually not collected. The income tax owed on the income subject to a protective assessment is calculated separately and shown in a protective assessment. If matters take a course considered undesirable by the legislator – e.g., if pensions are commuted after emigration – the protective assessment will be implemented retrospectively.

Recipient
Recipient

You are a recipient if you, as a Netherlands-based (legal) person, temporarily use the services of one or more non-resident employees who have been made available to you by a supplier.

Substantial interest
Substantial interest

A substantial interest is involved if you – whether or not together with your partner – meet one of the following conditions, either directly or indirectly:

  • You own an interest in a company comprising at least 5% of the issued share capital, either in the form of shares or in the form of call options on shares.
  • You own profit-sharing certificates, entitling you to at least 5% of the annual profits or to at least 5% of the distribution made upon liquidation.
  • You are entitled to at least 5% of the votes in the general meeting of a cooperative.
Supplier
Supplier

When staff is supplied to Dutch businesses, the term 'supplier' refers to the non-resident (legal) person who makes non-resident employees available in the Dutch labour market. This term covers both employment agencies that are specialised in supplying staff and employers who occasionally make an employee available in the Dutch labour market.

Tax credit
Tax credit

A tax credit is an amount that is offset against the combined income levy.

Total tax credit
Total tax credit

The total tax credit is the aggregate amount of the tax credit for income tax purposes and the tax credits for purposes of the AOW, ANW and AWBZ schemes respectively

Withholding agent
Withholding agent

If you pay wages or benefits to an employee or a benefit recipient, you have to withhold wage tax and social security contributions (together also known as payroll tax) from these wages, and pay them to the Tax and Customs Administration. If you have to withhold and remit payroll tax, you will be known as the withholding agent. You are also obliged to withhold and remit payroll tax if you made staff available, i.e. if you are a seconder, supplier, etc.