Belastingdienst

Glossary

Glossary for Individuals

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.

Combined income levy
Combined income levy

The combined income levy is the aggregate amount - after application of double tax relief facilities - of the tax owed on the taxable income in the three boxes and the national insurance contributions calculated in accordance with Article 10 (1) and (2) of the National Insurance (Funding) Act.

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.

Immigration
Immigration

Immigration is involved if you move to a country other than your country of origin with the intention to take up residence in that country.

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.

Non-resident taxpayer
Non-resident taxpayer

You are a non-resident taxpayer if you are a natural person who does not live in the Netherlands, but receives income from the Netherlands.

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.

Reference date
Reference date

The reference date is relevant for the taxation of income in Box 3. The reference dates are 1 January and 31 December. Different reference dates apply at the beginning and end of a person's tax liability in the Netherlands, upon birth or immigration and upon death or emigration.

Resident of the Netherlands
Resident of the Netherlands

You are a resident of the Netherlands if you live in the Netherlands. The Tax and Customs Administration decides whether you live in the Netherlands by reviewing the facts and circumstances pertaining to your situation in relation to each other. Such facts and circumstances include the duration of your sojourn in the Netherlands, the centre of your social life, your family's place of residence, your place of work, etc.

Resident taxpayer
Resident taxpayer

You are a resident taxpayer if you are a natural person who lives in the Netherlands.

Second home
Second home

A second home is a property that is not your principal residence. If this (second) home is available to you during more than 30% of the year and is situated in the Netherlands, it will be taxed in Box 3 on its so-called WOZ-value, i.e. the value for the purpose of the Valuation of Immovable Property Act. If the property is available to you during less than 30% of the year, or is not situated in the Netherlands, it will be taxed in Box 3 on its market value.

Social security treaty
Social security treaty

A social security treaty is an agreement between two or more countries that provides rules for determining under which social security system a person is insured.

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.
Tax credit
Tax credit

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

Tax partner
Tax partner

In the following situations, the Tax and Customs Administration will qualify you as a tax partner:

  • You are a spouse not living permanently separated.
  • You are a registered partner not living permanently separated.
  • You and an unmarried adult elect to be regarded as each other's tax partners, and meet the following conditions:
    • You ran a joint household for more than six consecutive months during a particular calendar year.
    • During that period, you were both registered at the same address in the municipal records.
    • If you are cohabiting as parent and child, you should both be 27 years of age or older at the start of the calendar year.
Tax treaty
Tax treaty

A tax treaty is an agreement between two or more states, the main purpose of which is to prevent certain revenue from being taxed twice. In the treaty, the contracting states record in what way the right to tax is to be allocated between them. For an overview of the states with which the Netherlands has concluded tax treaties, please refer to Overview of tax treaties.

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

Wage tax
Wage tax

Wages paid to an employee and benefits paid to a benefit recipient should be reduced - inter alia - by wage tax which tax should be remitted to the Tax and Customs Administration. Normally, the wage tax is an advance levy in respect of the income tax owed. This means that wage tax already paid is usually offset against the amount of income tax owed.

Worldwide income
Worldwide income

The worldwide income is the total income in Boxes 1, 2 and 3, earned anywhere in the world and computed in accordance with the Dutch tax rules. Therefore, the worldwide income also includes the revenue which the Netherlands is not allowed to tax under national and international regulations. Examples of such revenue are income from employment, profits from business activities or capital in countries other than the Netherlands.