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The Junior Finance Minister has put out for public consultation a Bill that is to provide for implementation of a particular EU directive aimed at closer harmonisation and simplification, with effect from the first of January 2020, of intra-Community trade.

The first aspect which the Bill in question addresses concerns that of the value-added tax regime governing merchandise that is kept in stock elsewhere in the EU. Any movement of stocks by an entrepreneur from one EU Member State to another represents a notional intra-Community transfer which the entrepreneur in question is under the obligation to render account of in the value-added tax return and periodic Intra Community Performances (IPC) declaration he has to file. The entrepreneur has to account for an intra-Community acquisition in the warehousing Member State, with the subsequent sale of the stocks representing a value-added taxed supply in the supplying Member State. The new regime caters for the situation in which the identity of the buyer is already known to the entrepreneur before the merchandise in question leaves the warehouse, and involves the abolition of the supplier’s registration and reporting duties in the warehousing Member State.

Second, the Bill provides for an A-B-C supply chain transaction system to enable the identification of which of the constituent transactions should be regarded as the one having intra-Community transaction status. A-B-C supply chain transactions are sequential supply transactions between entrepreneurs each of which involves the same merchandise being moved from one EU Member State to another. It does not matter what number of links the chain is made up of, nor is it relevant in how many EU Member States each of the entrepreneurs who together make up the chain are established or value-added tax registered.

Third, the Bill deals with the evidence of intra-Community transport of merchandise to (an) other Member State(s), as one of the conditions for applying the zero tariff to supply transactions involving merchandise being moved from one EU Member State to another. It has been decided to introduce the “dual rebuttable presumption” criterion in order to remove legal uncertainty, the upshot of this being that merchandise will be deemed to have been moved out of the territory of the supplying EU Member State conditional upon the entrepreneur concerned having the requisite documentation to hand.

The fourth and final aspect which the Bill addresses concerns the status of the value-added tax identification number. Case law from the European Court of Justice has confirmed that the value-added tax identification number as such is no requisite for applying the zero tariff. However, the use of the appropriate value-added tax identification number is indispensable for tracking the flow of products and services and monitoring the associated value-added tax payments. Under the proposed legislation the submission of an accurate periodic IPC declaration would be added as a condition for applying the zero tariff. An entrepreneur’s failure to satisfy the conditions could cause him to forfeit his zero tariff privilege unless he were able to justify his shortcomings.

All input regarding the Bill is gratefully received, at internetconsultatie.nl, until 03 June 2019.

Dutch version: Wetsvoorstel implementatie aanpassingen btw-regelgeving

[post_title] => Bill providing for implementation of adjustments to value-added tax regime [post_excerpt] => The first aspect which the Bill in question addresses concerns that of the value-added tax regime governing merchandise that is kept in stock elsewhere in the EU. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => bill-providing-for-implementation-of-adjustments-to-value-added-tax-regime [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:36:24 [post_modified_gmt] => 2019-05-14 13:36:24 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11670 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [1] => WP_Post Object ( [ID] => 11157 [post_author] => 6 [post_date] => 2019-05-01 09:31:35 [post_date_gmt] => 2019-05-01 09:31:35 [post_content] => Large companies have been under the obligation for the past two years to settle the invoices their SME suppliers raise with them within 60 days of the invoice date, this being the statutorily defined maximum payment term. The legislation in question appears to be causing the payment term to be lengthening. According to Graydon the term of payment from large companies to companies in the SME sector – having dropped to 36.5 days on average in the immediately preceding years – averaged out at 41.5 days in 2018. In so far as the evaluation of the “Netherlands Act Providing for a Maximum Sixty Day Payment Term to be Adhered to by Large Companies” (or “Act on Large Companies’ Maximum Payment Term”, to call it by its slightly less cumbersome name), which is scheduled to take place this summer, bears out that large companies have come to use the maximum payment term as their standard, the Junior Minister for Economics and Climate Policy – not to be outdone – intends to shorten it from 60 to 30 days. Dutch version: Verkorting betaaltermijn grote bedrijven in zicht [post_title] => Shortening of payment term for large companies in the offing [post_excerpt] => Large companies have been under the obligation for the past two years to settle the invoices their SME suppliers raise with them within 60 days of the invoice date, this being the statutorily defined maximum payment term. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => shortening-of-payment-term-for-large-companies-in-the-offing [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:18:04 [post_modified_gmt] => 2019-05-14 13:18:04 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11157 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [2] => WP_Post Object ( [ID] => 11149 [post_author] => 6 [post_date] => 2019-04-26 13:10:57 [post_date_gmt] => 2019-04-26 13:10:57 [post_content] => A Bill providing for the application of the reduced value-added tax rate to digital books and periodicals has been put out for public consultation. The reduced rate is to apply to the electronic supply or lending of books, dailies, weeklies, magazines and journals whose annual publication frequency amounts to at least three, in an amendment which will do away with the existing discrepancy in terms of value-added tax between “hard” and “soft” publications. It has been a recent adjustment of the European tax directive that has paved the way for the proposed legislative amendment. All input regarding the Bill is gratefully received, at internetconsultatie.nl, until 16 May 2019. Additional reference is made to our earlier report on the subject headed “Scope for future application of reduced VAT rate to digi-books”. Dutch version: Toepassing verlaagd btw-tarief op digitale boeken en tijdschriften [post_title] => Value-added tax rate on digital books and periodicals [post_excerpt] => A Bill providing for the application of the reduced value-added tax rate to digital books and periodicals has been put out for public consultation. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => value-added-tax-rate-on-digital-books-and-periodicals [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:18:05 [post_modified_gmt] => 2019-05-14 13:18:05 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11149 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [3] => WP_Post Object ( [ID] => 11146 [post_author] => 24 [post_date] => 2019-04-25 12:50:42 [post_date_gmt] => 2019-04-25 12:50:42 [post_content] => The Tax and Customs Administration is girding itself for huge numbers of notices of objection to the 2018 “Box 3” income taxation. In view inter alia of the pending mass objection proceedings for the tax years up to and including 2017, the Junior Finance Minister has decided to confer the same status of “mass objection” on the objections that are expected to be submitted in relation to 2018. The “mass objection” designation is to apply to all notices of objection in which the point of law is raised as to whether the investment yield tax at generic level is at odds with the right to peaceful enjoyment of property or the prohibition of discrimination as per the Protocol 1 to ECHR, the European Convention for the Protection of Human Rights and Fundamental Freedoms. A selection is to be made, in consultation with tax intermediaries, from the incoming notices of objection, for adjudication by the Tax Court. The Inspector of Taxes is to entertain the notices of objection in which additional points of dispute are raised (other than the above point of law) that have no bearing on the “Box 3” levy on an individual basis. Notices of objection in which it is argued that the inconsistency between the “Box 3” levy and the ECHR applies to the generic and individual levels alike will be split into a part that will, and a part that will not, be included in the “mass objection” proceedings. Dutch version: Massaal bezwaar box 3-heffing 2018 [post_title] => Mass objection to “Box 3” income taxation for 2018 [post_excerpt] => The Tax and Customs Administration is girding itself for huge numbers of notices of objection to the 2018 “Box 3” income taxation. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => mass-objection-to-box-3-income-taxation-for-2018 [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:18:55 [post_modified_gmt] => 2019-05-14 13:18:55 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11146 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [4] => WP_Post Object ( [ID] => 11143 [post_author] => 14 [post_date] => 2019-04-24 12:29:40 [post_date_gmt] => 2019-04-24 12:29:40 [post_content] => The Upper House of the Dutch Parliament on 23 April 2019 passed the proposed legislation providing for tax entity emergency repair measures, which had been sparked by a ruling by the European Court of Justice concerning the application of restrictions on interest deductibility in prevention of profit shifting. Both the Netherlands Corporation Tax Act 1969 and the Netherlands Dividend Tax Act 1965 are having to be amended in line with the emergency repair measures. Some of the changes in question are to take retroactive effect from the first of January 2018 onwards. The debate on the Bill involved a motion being tabled, and voted down, in which the Cabinet was asked to prepare a policy memorandum setting out criteria governing retroactively effective tax measures. Dutch version: Wetsvoorstel spoedreparatie fiscale eenheid aangenomen [post_title] => Upper House passes Bill providing for tax entity emergency repair measures [post_excerpt] => The Upper House of the Dutch Parliament on 23 April 2019 passed the proposed legislation providing for tax entity emergency repair measures. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => upper-house-passes-bill-providing-for-tax-entity-emergency-repair-measures [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:15:19 [post_modified_gmt] => 2019-05-14 12:15:19 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11143 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [5] => WP_Post Object ( [ID] => 11101 [post_author] => 14 [post_date] => 2019-04-11 11:50:39 [post_date_gmt] => 2019-04-11 11:50:39 [post_content] => Anyone who owns a motor vehicle is required to pay motor vehicle tax. The category of “motor vehicles” is made up of passenger vehicles, vans, motorcycles, lorries and coaches. The holder is the person in whose name the vehicle has been registered in the Netherlands or who has a motor vehicle with foreign licence plates at his or her disposal within the Netherlands. Motor vehicle tax is to be paid up in advance. An additional tax assessment may be imposed for unpaid or less than fully paid up motor vehicle tax, or where a Dutch-resident person is established as having been making use of the Dutch road network while driving a foreign-registered motor vehicle. The additional assessment is charged for a 12-month term unless the vehicle in question carries foreign plates, in which case the assessment is charged from the moment the holder’s name was first registered, or should have been registered, in the addresses data base in the Netherlands. Allowances are made in calculating the additional tax assessment for the period for which payment was made for the motor vehicle in question. The person on whom the additional assessment is imposed is given the option to prove that he or she did not have the disposal of the motor vehicle during the term to which the assessment relates. On a practical level the above scheme results in non-Dutch nationals being presented with additional motor vehicle tax assessments for period in excess of 12 months. This prompted the District Court for Zeeland and Western Brabant to ask the Supreme Court to decide whether or not the scheme illegally entailed nationality discrimination. According to the Supreme Court there is no question of illegal nationality discrimination as long as the term covered by the additional assessment does not precede the start of the fifth calendar year prior to the year during which the holder was established as having been driving the vehicle in question along the Dutch roads. The Supreme Court dismissed as irrelevant whether or not the holder of the motor vehicle in question was also the person in whose name the motor vehicle had been registered abroad. In terms of corroborating proof to the contrary, the Court was happy to settle for plausibility being conferred on the date with effect from which the foreign-plated motor vehicle had been available for use in the Netherlands. Dutch version: Naheffing motorrijtuigenbelasting buitenlands kenteken [post_title] => Foreign licence plates “earn” owner of vehicle additional tax assessment [post_excerpt] => Anyone who owns a motor vehicle is required to pay motor vehicle tax. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => foreign-licence-plates-earn-owner-of-vehicle-additional-tax-assessment [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:15:19 [post_modified_gmt] => 2019-05-14 12:15:19 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11101 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [6] => WP_Post Object ( [ID] => 11097 [post_author] => 41 [post_date] => 2019-04-10 09:44:40 [post_date_gmt] => 2019-04-10 09:44:40 [post_content] => The Junior Minister for Finance in the six-monthly status report on tax-related motions tabled and undertakings given has intimated that the option of annual turnover tax filing should in future continue to be open to small business owners, it having previously been suggested in the context of the realignment of the small businesses scheme that the option in question should be phased out. The option of filing for turnover tax on an annual basis is open only to (partnerships of exclusively) natural persons. The impending abolition of annual turnover tax filing effective 2020 is to remain confined to legal entities. Still on the subject of turnover tax news, you may be interested in hearing that entrance examinations for and interim examinations forming part of tax-exempt curriculums have been granted turnover tax exemption from the first of January 2019 onwards. The terms governing the exemption in question are identical to those that apply to final examinations for tax-exempt curriculums. The Turnover Tax Implementation Decree 1968 has been amended accordingly with effect from the first of January 2019. Dutch version: Jaaraangifte BTW voor kleine ondernemers [post_title] => Annual turnover tax return for small business owners [post_excerpt] => The option of filing for turnover tax on an annual basis is open only to (partnerships of exclusively) natural persons. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => annual-turnover-tax-return-for-small-business-owners [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:13:03 [post_modified_gmt] => 2019-05-14 13:13:03 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11097 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [7] => WP_Post Object ( [ID] => 11094 [post_author] => 24 [post_date] => 2019-04-05 09:06:01 [post_date_gmt] => 2019-04-05 09:06:01 [post_content] => The income tax return season for 2018 has been open since the first of March 2019. The Tax and Customs Administration is committed to getting back before the first of July to all those having filed their return before the first of April, and to doing all it can by the same date to notify all those having filed between the first of April and the first of May, all of this without interest on tax being levied on the tax payers in question. You can avoid being charged interest on tax by filing your income tax return before the first of May. We would for the record point out, however, that the Tax and Customs Administration may still charge you with interest on tax where it has departed from your tax return. Reference is additionally made to the article headed “Income tax return for 2018”. Dutch version: Belastingrente aangifte inkomstenbelasting 2018 [post_title] => Income tax return for 2018: Interest on tax [post_excerpt] => The income tax return season for 2018 has been open since the first of March 2019. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => income-tax-return-for-2018-interest-on-tax [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:18:55 [post_modified_gmt] => 2019-05-14 13:18:55 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11094 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [8] => WP_Post Object ( [ID] => 11091 [post_author] => 14 [post_date] => 2019-04-03 08:42:14 [post_date_gmt] => 2019-04-03 08:42:14 [post_content] => The Netherlands Working Conditions Act stipulates that it is up to the employer to safeguard the security and health of his or her employees, to which end the employer has to have a policy in place that is aimed at ensuring optimum working conditions. It is up to the employer at regular intervals to assess the working conditions against the experience gained in the relevant respect and where necessary revise the policy-underpinned measures. One of the elements of the working conditions policy is the inventory and evaluation of the risks to which the employees are professionally exposed. It is up to the employer to document these risks in an RI&E (Risk Inventory and Evaluation), which in addition to describing the specific hazards also needs to address such risk-reducing measures as the employer has put in place. RI&Es are dynamic in that they have to undergo amendment whenever this is warranted in view of experience gained and/or working practices/conditions.

RI&E

The various industrial organisations have each developed their own toolkit in facilitation of an RI&E being drafted, with a special focus on risks that commonly occur in the industrial sector in question. A “generic” RI&E for the SME sector is also available for use. Employers whose employees’ working week does not exceed 40 hours are allowed to settle for the “health risk check list” (this is an abridged version of the standard RI&E). It is mandatory for the employer to have the RI&E vetted by an accredited person or a Safety and Health consultancy, unless the employer’s workforce numbers fewer than 26 and the RI&E in question has been drawn up using an approved RI&E tool.

Checks

The SZW (Social Affairs and Employment) Inspectorate checks whether the occupational health and safety legislation is being complied with, and in this context assesses inter alia whether an RI&E with a corresponding action plan is on hand. The absence or inadequacy thereof constitutes an offence which is liable for a penalty, at a level which depends on the size of the transgressor’s business. The standard amount for not having an RI&E in operation has been set at 3,000 euros. The penalty to be imposed is calculated as a percentage of the standard amount, from 10 percent for businesses that employ one to four staff to 100 percent for organisations whose workforce totals 500 or more. Dutch version: Inspectie SZW controleert op aanwezigheid RI&E [post_title] => SZW Inspectorate keeps finger on RI&E pulse [post_excerpt] => It is up to the employer to document the risks in an RI&E, which in addition to describing the specific hazards also needs to address such risk-reducing measures as the employer has put in place. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => szw-inspectorate-keeps-finger-on-rie-pulse [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:15:19 [post_modified_gmt] => 2019-05-14 12:15:19 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11091 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [9] => WP_Post Object ( [ID] => 11084 [post_author] => 41 [post_date] => 2019-03-28 10:57:12 [post_date_gmt] => 2019-03-28 10:57:12 [post_content] => The Netherlands Civil Code sanctions the unilateral amendment by an employer – in reliance by the latter on a clause having been agreed in writing between the parties and on condition that the employer should have a compelling reason for making the change – of a particular employment condition that was originally agreed for a particular employee. An employer operated a company car scheme for the benefit of all members of staff who in the line of duty had to drive more than 10,000 kilometres annually or whose position within the company warranted it. It was stipulated in the scheme that eligibility could be called into question if the participant no longer met the relevant criterion. The employer had decided to “disenfranchise” a particular employee whose total annual mileage in business trips had missed the 10,000 kilometre maximum two years in a row. The employer, having duly notified the employee in question, granted the latter permission to continue using the car for a few more months. The employer offered to compensate the employee financially. The employee took the position that his having a company car at his disposal represented one of his terms of employment and his employer had no business to change it. Not surprisingly the employer disagreed. The Sub District Court agreed where the employee argued that his having been provided with a company car formed part of his terms of employment. He had had the use of a company car, which he was also permitted to use in a private capacity, from 2004 onwards, since which date onwards all fuel expenses – including those incurred privately – had consistently been borne by his employer. In the eyes of the Court, the characteristics and duration of the arrangement justified it being regarded as a term of employment. The clause forming part of the company car scheme qualified as a unilateral amendment clause. The employer, the Court decided, had a sufficiently compelling reason given the cost of the car to remove the employee from the scheme, albeit that the Court ordered the employer to give the employee permission to continue using the car for several more months as well as compensating him financially for a specific term for part of his “automotive demotion”. Dutch version: Auto van de zaak als arbeidsvoorwaarde [post_title] => Company car as employment condition [post_excerpt] => An employer operated a company car scheme for the benefit of all members of staff who in the line of duty had to drive more than 10,000 kilometres annually or whose position within the company warranted it. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => company-car-as-employment-condition [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:13:03 [post_modified_gmt] => 2019-05-14 13:13:03 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11084 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [10] => WP_Post Object ( [ID] => 11081 [post_author] => 14 [post_date] => 2019-03-27 09:34:40 [post_date_gmt] => 2019-03-27 09:34:40 [post_content] => “Employee” is defined as any natural person who performs his or her job under a private-law employment format. Employees are insured against illness, unemployment and occupational disability. Liability for payment of the various employee insurance schemes rests with the employer. A private-law employment relationship is deemed to have come about as soon as the employee has entered into an employment agreement with his or her employer. These are the three criteria each of which is to be met in order for an employment agreement to be deemed to exist:
  • a relationship of authority is entertained between the employer and the employee,
  • the employee is under the obligation personally to perform the duties for which he or she has been hired,
  • the employer is under the obligation to pay wages to the employee.
According to the Netherlands Supreme Court a relationship of authority is entertained between the executive director and the latter’s company on condition that the director should have undertaken to carry out director’s duties in exchange for wages. It is also possible for a director to have undertaken vis-à-vis his or her company to perform specific duties on the basis of an agreement for services. The full range of relevant circumstances are to be taken into consideration in assessing the employment relationship. The following two lawsuits, both of which were adjudicated by the District Court for Guelderland, show that the outcome can be quite different. The first lawsuit involved the Court dispensing with the existence of management agreements between three managing companies (all three of them minority shareholders) and one operating company. The management agreements featured certain clauses that were deemed to be suggestive of an employment agreement rather than an agreement for services, such as the one prohibiting the managing companies without the operating company’s prior consent from having the work carried out by anyone other than the designated person, or the one that provided for a fixed monthly fee based on a 40-hour working week. The agreement provided for continued payment of the fee for a further 12 months in the event of illness. Each of the management agreements moreover featured a non-compete clause with a term of two years of the date of termination of the work. Owing to the private-law nature of the employment, the directors had mandatory employee insurance. There was no question of any of the exceptions to the insurance duty as provided for in the 2016 regulation governing the designation of executive directors cum controlling shareholders. The executive directors did not collectively hold the full complement of shares in the operating company’s share capital, nor had the shares been evenly distributed between their holders. The second lawsuit turned out quite different. Here too it was the qualification of the employment relationship of executive directors who worked for the operating company on the basis of management agreements under which they were required to carry out the designated duties in person. Their respective managing companies did not employ any additional staff. Both managing companies were minority shareholders in the company at whose behest the work was being performed. Deliberating that certain elements of the arrangement were suggestive of employment agreements being entertained whereas others pointed to agreements for services, the Court ended up deciding in favour of the latter because both directors also deployed their personal know-how and expertise in aid of the development of new concepts outside the company on whose Board they held seats. The Court stopped short of classifying the fact that the directors formally lacked the authority to block their own dismissal as decisive in assessing the employment relationship. What it did consider to be of consequence, by contrast, was the absence from the two management agreements of any provisos dealing with the actual performance of the work in terms of working hours and holiday leave or company car and expense allowance arrangements, as elements that were most definitely included in either director’s employment agreement with his own managing company. According to the Court it was acceptable for these directors not to have mandatory employee insurance. Dutch version: Beoordeling arbeidsverhouding bestuurder met management-bv [post_title] => Assessment of employment relationship between executive director and management company [post_excerpt] => “Employee” is defined as any natural person who performs his or her job under a private-law employment format. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => assessment-of-employment-relationship-between-executive-director-and-management-company [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:15:19 [post_modified_gmt] => 2019-05-14 12:15:19 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11081 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [11] => WP_Post Object ( [ID] => 11054 [post_author] => 41 [post_date] => 2019-03-19 14:18:34 [post_date_gmt] => 2019-03-19 14:18:34 [post_content] => The tax-exempt remuneration for volunteers has increased by 200 euros annually with effect from the current year, resulting in the maximum tax-exempt remuneration for volunteers now amounting to 170 euros monthly, to a total of 1,700 euros for the entire calendar year. You may wish to check out the article headed “2019 Tax Plan given seal of approval” for further details on the matter. Dutch version: Onbelaste vrijwilligersvergoeding [post_title] => Tax-exempt remuneration for volunteers [post_excerpt] => The tax-exempt remuneration for volunteers has increased by 200 euros annually. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => tax-exempt-remuneration-for-volunteers [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:13:03 [post_modified_gmt] => 2019-05-14 13:13:03 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11054 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [12] => WP_Post Object ( [ID] => 11051 [post_author] => 41 [post_date] => 2019-03-18 13:43:35 [post_date_gmt] => 2019-03-18 13:43:35 [post_content] => The Tax and Customs Administration used routinely to issue a withholding tax number to any newly established private limited-liability company with a date of incorporation beyond the first of April 2018. This has changed with effect from the start of the current year, in that it is now up to the incorporator him or herself to file a withholding tax number application. This can be done by downloading the form entitled “Melding Loonheffingen Aanmelding Werkgever” (dutch form) from the tax office’s web site. Dutch version: Geen automatisch loonheffingennummer voor nieuwe BV’s [post_title] => Abolition of routine withholding tax number issue to newly incorporated private companies [post_excerpt] => The Tax and Customs Administration used routinely to issue a withholding tax number to any newly established private limited-liability company. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => abolition-of-routine-withholding-tax-number-issue-to-newly-incorporated-private-companies [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:13:03 [post_modified_gmt] => 2019-05-14 13:13:03 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11051 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [13] => WP_Post Object ( [ID] => 11046 [post_author] => 14 [post_date] => 2019-03-17 13:13:40 [post_date_gmt] => 2019-03-17 13:13:40 [post_content] => It will be compulsory from the first of July 2020 onwards not only for tax consultants and accountants but also for their clientele to report potentially aggressive cross-border tax schemes having been implemented from the second half of 2018 onwards. The regulation sin question are having to be worked into national Dutch legislation. Dutch version: Grensoverschrijdende constructies melden Read more: Cross-border structuring [post_title] => Cross-border tax schemes [post_excerpt] => It will be compulsory from the first of July 2020 onwards not only for tax consultants and accountants to report potentially aggressive cross-border tax schemes. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => cross-border-tax-schemes [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:15:19 [post_modified_gmt] => 2019-05-14 12:15:19 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11046 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [14] => WP_Post Object ( [ID] => 11025 [post_author] => 14 [post_date] => 2019-03-15 12:50:38 [post_date_gmt] => 2019-03-15 12:50:38 [post_content] => Questions have recently been tabled in the Lower House of the Dutch Parliament concerning the fiscal treatment of residential lets, one of which addressed the State Secretary’s readiness to switch to a system of taxing property portfolios comprising in excess of three residential properties at “Box 1” rather than “Box 3” rates, for example by granting such portfolios business venture status. The State Secretary in response referred to the ranking as per the Netherlands Income Tax Act 2001, which entails facts and circumstances being used in assessing whether a particular set of assets should be regarded as company capital, result from sundry business operations or “Box 3” investments. The State Secretary pointed out that undertakings had been given to the Upper and Lower Houses for a survey to be carried out into alternatives for taxing property-generated rental income, the object of the probe in question being the charting of variations that could help enhance the tax system rather than the devising of ways of lessening the attraction of residential property investment. Under the current Dutch system a two percent stamp duty land tax charge is levied in connection with the transfer of title to existing residential properties, compared with a six percent stamp duty land tax charge for transactions involving other immovable properties. The State Secretary is not at all in favour of introducing a progressive stamp duty land tax rate as a way of making it less attractive for investors to buy properties for letting purposes. Such a graduated system, it has been suggested, could run from zero percent for first-time home owners to an elevated rate of, say, ten percent for third and subsequent residential properties. According to the State Secretary this would create regulatory complications as well as opening the door to fiscal scheme-based tax dodging in avoidance of the higher rate. Dutch version: Geen tariefdifferentiatie overdrachtsbelasting [post_title] => No plans to introduce progressive stamp duty land tax rates [post_excerpt] => Under the current Dutch system a two percent stamp duty land tax charge is levied in connection with the transfer of title to existing residential properties .. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => no-plans-to-introduce-progressive-stamp-duty-land-tax-rates [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:15:20 [post_modified_gmt] => 2019-05-14 12:15:20 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11025 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [15] => WP_Post Object ( [ID] => 11022 [post_author] => 14 [post_date] => 2019-03-13 12:35:12 [post_date_gmt] => 2019-03-13 12:35:12 [post_content] => The Dutch State Secretary for Finance has published a draft decision providing for transitional legislation in the event of a “no-deal Brexit” involving the United Kingdom pulling out of the European Union without a withdrawal agreement having been reached. The decision in question provides for general approval of a selection of (national) tax laws to ensure that the Netherlands should continue to treat the United Kingdom as an EU Member State for the financial year 2019 where the latter is concurrent with the calendar year, or – where a split financial year applies – as long as the date of commencement of the financial year 2019 has predated the 30th of March. The general approval has been designed to address the following components of national legislation:
  • the Income Tax Act 2001,
  • the Payroll Tax Act 1964 (featuring an extended transitional period for existing cases only),
  • the Salaries Tax and National Insurance Contributions (Reduced Remittances) Act,
  • the Corporation Tax Act 1969,
  • the State Taxes Act, and
  • the various associated orders in council, ministerial regulations and policy decisions.
The draft decision in question also provides for specific endorsements in a Payroll Tax Act, Collection of State Taxes Act and private motor vehicle cum motorcycle tax context. The specific endorsement in the Payroll Tax Act sphere relates to the application of the so-called anonymous persons rate and the duty to provide proof of identity. As United Kingdom citizens and their family members will continue not to be regarded as “aliens” as per the Aliens Act for a period of up to 15 months of the UK’s exit date, they will not be needing a residency permit and work permit throughout this period to ensure that they should not be taxed at the anonymous persons rate. The endorsement in the Collection of State Taxes Act sphere deals with payment deferral in relation to income tax and corporation tax assessments for the fiscal years up to and including 2019, whereas the specific endorsement relating to private motor vehicle cum motorcycle tax addresses exports of motor vehicles prior to 30 March 2019 where the vehicle in question goes on to be entered in the UK vehicle registration system within three months of the export date. Dutch version: Conceptbesluit overgangsrecht Brexit zonder overeenkomst [post_title] => Draft decision providing for transitional legislation in “no-deal Brexit” scenario [post_excerpt] => The Dutch State Secretary for Finance has published a draft decision providing for transitional legislation in the event of a “no-deal Brexit” involving the United Kingdom pulling out of the European Union without a withdrawal agreement having been reached. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => draft-decision-providing-for-transitional-legislation-in-no-deal-brexit-scenario [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:15:20 [post_modified_gmt] => 2019-05-14 12:15:20 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11022 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [16] => WP_Post Object ( [ID] => 11002 [post_author] => 24 [post_date] => 2019-03-06 14:34:25 [post_date_gmt] => 2019-03-06 14:34:25 [post_content] => When a Dutch resident works abroad, he or she may be entitled to tax relief in avoidance of double taxation where his or her income too is taxed abroad. Where the foreign country in question is one of the countries with which the Netherlands entertains double taxation conventions, the tax jurisdiction as regards the remuneration earned overseas will be dictated by the tax treaty in question. Where tax jurisdiction rests with the country of work, this will call for the country of residence – in avoidance of double taxation – to award tax relief in connection with the remuneration earned abroad. According to a Supreme Court ruling, the value of the overseas remuneration is to be proportionately derived from the annual wage where it cannot be determined using pay slips. This is done using the “day-based fraction”, the numerator of which is formed by the number of days spent working in the country of work whereas the denominator represents the number of calendar days exclusive of Saturdays and Sundays, days off, public holidays and other leisure days. A District Court case revolved around the method used to calculate the tax relief in avoidance of double taxation. The case in question concerned a Dutch-resident employee who carried out part of his work in French Guiana. The question at the heart of the matter was whether the days spent travelling to and from French Guiana should (partially) be included in the calculation as days worked abroad. According to the employee, it followed from the double taxation convention between the Netherlands and France that his travel days should be allocated to the country of work in their entirety. The tax authorities’ take on the matter was rather different, in that they argued that only the days actually spent working on French Guianese soil (and not also the days spent to-ing and fro-ing) should be taken into consideration in calculating the tax relief. The District Court came to the conclusion that the travel days – as the days on which the employee in question had arrived in or departed from French Guiana – should be taken into consideration in their entirety in determining the number of days worked. What clinched the matter was that the employee’s remuneration included his being paid for any days spent travelling and that these travel days invariably dovetailed with the days he spent working in situ. Dutch version: Reisdagen naar werk in buitenland tellen mee voor aftrek elders belast [post_title] => Tax relief in avoidance of double taxation [post_excerpt] => Where the foreign country in question is one of the countries with which the Netherlands entertains double taxation conventions, the tax jurisdiction as regards the remuneration earned overseas will be dictated by the tax treaty in question. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => tax-relief-in-avoidance-of-double-taxation [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:30:49 [post_modified_gmt] => 2019-05-14 12:30:49 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11002 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [17] => WP_Post Object ( [ID] => 11006 [post_author] => 24 [post_date] => 2019-03-04 10:32:20 [post_date_gmt] => 2019-03-04 10:32:20 [post_content] => If you are an entrepreneur having income tax liability whose turnover for 2017 and 2018 each totalled less than 5,000 euros (exclusive of value-added tax), you may be about to receive a letter from the Tax Office in invalidation of the claim you included in your tax return in connection with entrepreneur’s allowance. Certain criteria have to be met in order to qualify for entrepreneur’s allowance. They are as follows:
  • your status must be that of an entrepreneur having income tax liability,
  • you must fulfil the hours test,
  • you must have been under state retirement age at the start of the calendar year in question.
The Tax and Customs Administration is in the process of alerting entrepreneurs whose net turnover for 2017 and 2018 each totalled less than 5,000 euros to the possibility of their not having satisfied all of the allowance criteria. The determining factors are the hours test and/or whether the entrepreneur in question in addition to running his or her business holds down a job elsewhere.

Hours test

It is only by recording the hours you have worked for your enterprise (which you can do using your office calendar) that you will be able to substantiate your having fulfilled the hours test and avoid retroactive adjustment having to be made to your claim(s) for entrepreneur’s allowance. Dutch version: Onterechte ondernemersaftrek? [post_title] => Invalidity of entrepreneur’s allowance? [post_excerpt] => The Tax and Customs Administration is in the process of alerting entrepreneurs whose net turnover for 2017 and 2018 each totalled less than 5,000 euros to the possibility of their not having satisfied all of the allowance criteria. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => invalidity-of-entrepreneurs-allowance [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:18:55 [post_modified_gmt] => 2019-05-14 13:18:55 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=11006 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [18] => WP_Post Object ( [ID] => 10999 [post_author] => 6 [post_date] => 2019-03-01 15:30:37 [post_date_gmt] => 2019-03-01 15:30:37 [post_content] => Your pre-completed income tax return for 2018 is ready for you to be used. Below please find a summary of this year’s changes compared with 2017 and other points for particular attention. The first of May of this year is the deadline for filing your income tax return for 2018. Those who get their tax return in by the first of April 2019 will, and those who file at some point during the month of April (but before the first of May) may, be notified by the Tax and Customs Administration before the first of July. No interest on outstanding taxes will be charged to those to whom the Tax Office has got back before the first of July 2019.

Changes

These are the main changes compared with 2017:
  • If your taxable income places you in the uppermost bracket, please note that the rate governing deductible expenses incurred in connection with your own home has been changed to 49.5 percent for 2018.
  • The “Box 3” fixed yield tax rates have changed, as follows: 1. for assets in the nought to 70,800 euro range: a tax rate of 0.36 percent applies to two thirds of the yield, with the remaining third being taxed at 5.38 percent; 2. for assets in the 70,801 to 978,000 euro range: a tax rate of 0.36 percent applies to 21 percent of the yield, with the remaining 79 percent being taxed at 5.38 percent; 3. the entire yield from assets over and above 978,000 euros is taxed at 5.38 percent.
The average yield is now liable for a 30 percent income tax charge, whereas the tax-free allowance has been raised to 30,000 euros.

Fiscal partnership

If you are involved in a fiscal partnership, make sure that your (combined) income tax return duly reflects this. The main perk of fiscal partnership is that it offers the partners the – potentially fiscally advantageous – option of “divvying up” particular income components and deductible items between them, such as:
  • the balance of own home-related income and deductible expenses,
  • the gains from “Box 2” substantial interest(s),
  • the shared “Box 3” savings and investments basis,
  • specific health care expenses incurred.
We would for the record point out that you should include all of the income components and deductible items in your (combined) income tax return.

Filing extension

It is important promptly to file an extension request with the Tax and Customs Administration if you have any doubts at all as to your ability to file your income tax return before the due date of 01 May 2019 Dutch version: Aangifte inkomstenbelasting 2018 [post_title] => Income tax return for 2018 [post_excerpt] => Your pre-completed income tax return for 2018 is ready for you to be used. Please find a summary of this year’s changes compared with 2017 and other points for particular attention. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => income-tax-return-for-2018 [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:18:05 [post_modified_gmt] => 2019-05-14 13:18:05 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=10999 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [19] => WP_Post Object ( [ID] => 10995 [post_author] => 6 [post_date] => 2019-02-21 13:00:17 [post_date_gmt] => 2019-02-21 13:00:17 [post_content] => A proposal to amend the Netherlands Working Conditions Act and the Placement of Personnel by Intermediaries Act of the Netherlands has just been published. The proposed change concerns the introduction of a “right to inaccessibility”. The upsurge of smartphones and tablets has rendered employees accessible on a ‘round-the-clock basis and has resulted in employees feeling pressured outside office hours to respond to work-related messages. According to the initiator of the draft legislation a “licence to uninterrupted leisure time” should accrue to everyone, as an indispensable right enabling the relief – or, better still, the prevention – of complaints of a stress and burn-out related nature. The Bill accompanied by the Explanatory Memorandum has been posted, for your information and comment, to internetconsultatie.nl (dutch link). Dutch version: Wetsvoorstel recht op onbereikbaarheid werknemers [post_title] => Draft legislation providing for employees’ right to inaccessibility [post_excerpt] => A “licence to uninterrupted leisure time” should accrue to everyone, as an indispensable right enabling the relief – or, better still, the prevention – of complaints of a stress and burn-out related nature. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => draft-legislation-providing-for-employees-right-to-inaccessibility [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:18:05 [post_modified_gmt] => 2019-05-14 13:18:05 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=10995 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [20] => WP_Post Object ( [ID] => 10991 [post_author] => 24 [post_date] => 2019-02-20 11:00:08 [post_date_gmt] => 2019-02-20 11:00:08 [post_content] => The divestment of a business or of operating assets customarily involves the subdivision of the overall purchase price for the various components of the transaction (as per the sale and purchase agreement) being adhered to, unless it is plausible that the pre-agreed subdivision is not in keeping with the actual situation. Such discrepancies are not uncommon. Their purpose may be to enable the allocation where possible of the sales price to exempted components so as to reduce the vendor’s taxable earnings. The purchaser for its part may benefit from maximising the depreciation potential, which would also be an incentive for tweaking the subdivision. The Tax and Customs Administration had challenged the subdivision of the purchase price as per the sales and purchase agreement for a farming business. The District Court dismissed the Tax Office’s subdivision as not fairly reflecting the actual situation. Substantially lower amounts, for example, had been assigned to the business structures forming part of the transaction than those shown in the valuation reports as per the Valuation of Immovable Property Act of the Netherlands. The purchase price for the dwelling (which had also formed part of the transaction), by contrast, had been significantly overstated in comparison with the appraised value. The purchaser and vendor had put a value of 40,000 euros on every hectare (1 hectare = 10,000 m2 ≈ 2.471 acres) whereas the Tax Office had taken the view that this should have been 33,855 euros per hectare. As the Tax Office’s subdivision of the purchase price too failed to find favour with the District Court for reasons of “insufficient corroboration”, the Court itself in accordance with the proper administration of justice reallocated the overall purchase price to the business structures, the dwelling and the farmland. The Court’s adjustments ended up boosting the vendor’s profit. Dutch version: Verdeling koopsom onderneming [post_title] => Subdivision of purchase price paid for business [post_excerpt] => The divestment of a business or of operating assets customarily involves the subdivision of the overall purchase price for the various components of the transaction ... [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => subdivision-of-purchase-price-paid-for-business [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:30:50 [post_modified_gmt] => 2019-05-14 12:30:50 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=10991 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [21] => WP_Post Object ( [ID] => 10988 [post_author] => 24 [post_date] => 2019-02-14 10:38:43 [post_date_gmt] => 2019-02-14 10:38:43 [post_content] => One of the plans included in the current Dutch cabinet’s coalition agreement relates to “Box 3” tax being levied on the basis of actual yield rather than on that of notional yield, as is currently being done. Having announced in February 2018 that he would brief the Lower House by the spring of 2018, the State Secretary for Finance in reply to parliamentary questions on the subject has now made it known that he will be needing more time to work up a proposal for levying investment yield tax based on actual yield. Such a new system – in addition to entailing tax avoidance risks – would have major consequences both for the administrative burden on citizens and in terms of feasibility. The State Secretary’s proposed time line for all this has to date remained under wraps. Dutch version: Box 3-heffing op basis werkelijk rendement nog ver weg   [post_title] => “Box 3” levy on basis of actual yield continues for now to be a pipe dream [post_excerpt] => One of the plans included in the current Dutch cabinet’s coalition agreement relates to “Box 3” tax being levied on the basis of actual yield rather than on that of notional yield, as is currently being done. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => box-3-levy-on-basis-of-actual-yield-continues-for-now-to-be-a-pipe-dream [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:30:50 [post_modified_gmt] => 2019-05-14 12:30:50 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=10988 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [22] => WP_Post Object ( [ID] => 10985 [post_author] => 14 [post_date] => 2019-02-13 10:18:06 [post_date_gmt] => 2019-02-13 10:18:06 [post_content] => When the director-cum-controlling shareholder of a private limited-liability company arranges for the company to grant him or her as loan the repayment of which is doubtful, this will cause the loan to come under the heading of “profit distribution”, as the amount in question will be deemed to have been withdrawn for good from the company’s assets. The loan’s treatment as a distribution of profits is contingent upon the company as well as the latter’s shareholder appreciating that the shareholder has benefited from the asset shift in question. It is up to the Tax and Customs Administration to come up with facts and circumstances that  lend credence to the assumption that the situation having come about has been one in which the shareholder’s debt to his or her company would remain outstanding while the shareholder and the company had been aware that the arrangement had been to the shareholder’s benefit. Profit distributions are liable for “Box 2” income tax. The Tax and Customs Administration raised an additional income tax assessment for 2010 with a director-cum-controlling shareholder, whose current-account and long-term debts with the company, in the respective amounts of 578,414 euros and 225,000 euros, were both treated as distribution of profits in said assessment. The District Court confirmed that the Tax Office had rightly raised the additional assessment. By the time the director’s income tax return for 2010 was filed, his current-account debt with his company had come to top 800,000 euros. The shareholder was unable to present his company with genuine security or make annual interest and redemption payments, which was tantamount to it having been established that the shareholder would not (be able to) redeem the loan. However, the company continued to allow the debt to mount, among other things by compounding the interest on the loans, so that the shareholder’s total indebtedness to his company had risen to a staggering 3.5 million euros by mid-2015. According to the District Court both parties must have appreciated that the amounts in question had been lastingly withdrawn from the company and that the shareholder had benefited from this. Dutch version: Oplopende schuld DGA [post_title] => Mounting debt for business owner [post_excerpt] => When the director-cum-controlling shareholder of a private limited-liability company arranges for the company to grant him or her as loan the repayment of which is doubtful, this will cause the loan to come under the heading of “profit distribution” ... [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => mounting-debt-for-business-owner [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:15:20 [post_modified_gmt] => 2019-05-14 12:15:20 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=10985 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [23] => WP_Post Object ( [ID] => 10972 [post_author] => 6 [post_date] => 2019-02-07 12:00:10 [post_date_gmt] => 2019-02-07 12:00:10 [post_content] => Questions have been tabled in the Lower House of the Dutch Parliament on the treatment in terms of value-added tax of digital books, journals, newspapers and magazines. To date these have come under the “regular” (higher) rate, whereas their printed counterparts by contrast benefit from the reduced (lower) value-added tax rate. It has only been since December 2018 that the EU’s VAT Directive 2006 has made it possible to treat all books, journals, newspapers and magazines alike irrespective of their format. Efforts are currently under way – all of this within the parameters of the EU’s VAT Directive, it goes without saying – aimed at devising an accurate definition of “digital” when used in conjunction with books, journals, newspapers and magazines. The State Secretary for Finance expects to be able some time during the first half of the current year to publish a draft bill, the ambition being to ensure that the reduced value-added tax rate should apply across the board to books, journals, newspapers and magazines of either format from the first of January 2020 onwards. Dutch version: Laag BTW-tarief digitale boeken mogelijk per 1 januari 2020 [post_title] => Scope for future application of reduced value-added tax rate to digi-books [post_excerpt] => Questions have been tabled in the Lower House of the Dutch Parliament on the treatment in terms of value-added tax rate of digital books, journals, newspapers and magazines. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => scope-for-future-application-of-reduced-value-added-tax-rate-to-digi-books [to_ping] => [pinged] => [post_modified] => 2019-05-14 13:18:05 [post_modified_gmt] => 2019-05-14 13:18:05 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=10972 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [24] => WP_Post Object ( [ID] => 10960 [post_author] => 14 [post_date] => 2019-02-06 12:53:29 [post_date_gmt] => 2019-02-06 12:53:29 [post_content] => As a business owner you may be about to receive (or perhaps have already received) an urgent letter from an outfit by the name of EBN European Business Number. Please study it carefully, not least where it concerns the details of the sender. The cover letter comes with a form, which it suggests you should complete and return using the enclosed SAE. You may not think twice about complying with this request (and who would blame you?), but beware: by responding in the requisite manner you will be tying yourself down to a three-year contract (as is confirmed by the – very – fine print at the bottom of the page), which comes at a hefty price and will not do anything at all for your business or yourself. EBN European Business Number lacks official agency status. You are therefore under no obligation whatsoever to respond to them. There’s no need to panic if in a momentary lapse of attention you completed and signed the form and returned it, as it is confirmed by several “scam information” web sites that all you need to do to annul the contract is send EBN European Business Number a registered letter to the relevant effect. Although EBN itself does in fact mention this in its covering letter, it has tucked away the relevant notice in a place where it would take something of a sleuth to detect it. Dutch version: Let op! Heeft u post van EBN European Business Number ontvangen? [post_title] => Be alert for post from EBN European Business Number [post_excerpt] => As a business owner you may be about to receive (or perhaps have already received) an urgent letter from an outfit by the name of EBN European Business Number. [post_status] => publish [comment_status] => open [ping_status] => open [post_password] => [post_name] => be-alert-for-post-from-ebn-european-business-number [to_ping] => [pinged] => [post_modified] => 2019-05-14 12:15:20 [post_modified_gmt] => 2019-05-14 12:15:20 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.koppelservices.com/?p=10960 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) ) [post_count] => 25 [current_post] => -1 [in_the_loop] => [post] => WP_Post Object ( [ID] => 11670 [post_author] => 41 [post_date] => 2019-05-08 13:27:28 [post_date_gmt] => 2019-05-08 13:27:28 [post_content] =>

The Junior Finance Minister has put out for public consultation a Bill that is to provide for implementation of a particular EU directive aimed at closer harmonisation and simplification, with effect from the first of January 2020, of intra-Community trade.

The first aspect which the Bill in question addresses concerns that of the value-added tax regime governing merchandise that is kept in stock elsewhere in the EU. Any movement of stocks by an entrepreneur from one EU Member State to another represents a notional intra-Community transfer which the entrepreneur in question is under the obligation to render account of in the value-added tax return and periodic Intra Community Performances (IPC) declaration he has to file. The entrepreneur has to account for an intra-Community acquisition in the warehousing Member State, with the subsequent sale of the stocks representing a value-added taxed supply in the supplying Member State. The new regime caters for the situation in which the identity of the buyer is already known to the entrepreneur before the merchandise in question leaves the warehouse, and involves the abolition of the supplier’s registration and reporting duties in the warehousing Member State.

Second, the Bill provides for an A-B-C supply chain transaction system to enable the identification of which of the constituent transactions should be regarded as the one having intra-Community transaction status. A-B-C supply chain transactions are sequential supply transactions between entrepreneurs each of which involves the same merchandise being moved from one EU Member State to another. It does not matter what number of links the chain is made up of, nor is it relevant in how many EU Member States each of the entrepreneurs who together make up the chain are established or value-added tax registered.

Third, the Bill deals with the evidence of intra-Community transport of merchandise to (an) other Member State(s), as one of the conditions for applying the zero tariff to supply transactions involving merchandise being moved from one EU Member State to another. It has been decided to introduce the “dual rebuttable presumption” criterion in order to remove legal uncertainty, the upshot of this being that merchandise will be deemed to have been moved out of the territory of the supplying EU Member State conditional upon the entrepreneur concerned having the requisite documentation to hand.

The fourth and final aspect which the Bill addresses concerns the status of the value-added tax identification number. Case law from the European Court of Justice has confirmed that the value-added tax identification number as such is no requisite for applying the zero tariff. However, the use of the appropriate value-added tax identification number is indispensable for tracking the flow of products and services and monitoring the associated value-added tax payments. Under the proposed legislation the submission of an accurate periodic IPC declaration would be added as a condition for applying the zero tariff. An entrepreneur’s failure to satisfy the conditions could cause him to forfeit his zero tariff privilege unless he were able to justify his shortcomings.

All input regarding the Bill is gratefully received, at internetconsultatie.nl, until 03 June 2019.

Dutch version: Wetsvoorstel implementatie aanpassingen btw-regelgeving

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value-added tax regime

Bill providing for implementation of adjustments to value-added tax regime

Written by: Sean-Paul Smit | 8 May 2019

The first aspect which the Bill in question addresses concerns that of the value-added tax regime governing merchandise that is kept in stock elsewhere in the EU.

payment term

Shortening of payment term for large companies in the offing

Written by: Willemijn Houter | 1 May 2019

Large companies have been under the obligation for the past two years to settle the invoices their SME suppliers raise with them within 60 days of the invoice date, this being the statutorily defined maximum payment term.

value-added tax rate

Value-added tax rate on digital books and periodicals

Written by: Willemijn Houter | 26 April 2019

A Bill providing for the application of the reduced value-added tax rate to digital books and periodicals has been put out for public consultation.

objection

Mass objection to “Box 3” income taxation for 2018

Written by: Stan Evers | 25 April 2019

The Tax and Customs Administration is girding itself for huge numbers of notices of objection to the 2018 “Box 3” income taxation.

tax entity

Upper House passes Bill providing for tax entity emergency repair measures

Written by: Nico Koppel | 24 April 2019

The Upper House of the Dutch Parliament on 23 April 2019 passed the proposed legislation providing for tax entity emergency repair measures.

motor vehicle tax

Foreign licence plates “earn” owner of vehicle additional tax assessment

Written by: Nico Koppel | 11 April 2019

Anyone who owns a motor vehicle is required to pay motor vehicle tax.

turnover tax return

Annual turnover tax return for small business owners

Written by: Sean-Paul Smit | 10 April 2019

The option of filing for turnover tax on an annual basis is open only to (partnerships of exclusively) natural persons.

Income tax return

Income tax return for 2018: Interest on tax

Written by: Stan Evers | 5 April 2019

The income tax return season for 2018 has been open since the first of March 2019.

RI&E

SZW Inspectorate keeps finger on RI&E pulse

Written by: Nico Koppel | 3 April 2019

It is up to the employer to document the risks in an RI&E, which in addition to describing the specific hazards also needs to address such risk-reducing measures as the employer has put in place.

company car

Company car as employment condition

Written by: Sean-Paul Smit | 28 March 2019

An employer operated a company car scheme for the benefit of all members of staff who in the line of duty had to drive more than 10,000 kilometres annually or whose position within the company warranted it.

employment

Assessment of employment relationship between executive director and management company

Written by: Nico Koppel | 27 March 2019

“Employee” is defined as any natural person who performs his or her job under a private-law employment format.

The tax-exempt remuneration

Tax-exempt remuneration for volunteers

Written by: Sean-Paul Smit | 19 March 2019

The tax-exempt remuneration for volunteers has increased by 200 euros annually.

tax number

Abolition of routine withholding tax number issue to newly incorporated private companies

Written by: Sean-Paul Smit | 18 March 2019

The Tax and Customs Administration used routinely to issue a withholding tax number to any newly established private limited-liability company.

Cross-border tax schemes

Cross-border tax schemes

Written by: Nico Koppel | 17 March 2019

It will be compulsory from the first of July 2020 onwards not only for tax consultants and accountants to report potentially aggressive cross-border tax schemes.

stamp duty

No plans to introduce progressive stamp duty land tax rates

Written by: Nico Koppel | 15 March 2019

Under the current Dutch system a two percent stamp duty land tax charge is levied in connection with the transfer of title to existing residential properties ..

brexit

Draft decision providing for transitional legislation in “no-deal Brexit” scenario

Written by: Nico Koppel | 13 March 2019

The Dutch State Secretary for Finance has published a draft decision providing for transitional legislation in the event of a “no-deal Brexit” involving the United Kingdom pulling out of the European Union without a withdrawal agreement having been reached.

taxation

Tax relief in avoidance of double taxation

Written by: Stan Evers | 6 March 2019

Where the foreign country in question is one of the countries with which the Netherlands entertains double taxation conventions, the tax jurisdiction as regards the remuneration earned overseas will be dictated by the tax treaty in question.

entrepreneur’s allowance

Invalidity of entrepreneur’s allowance?

Written by: Stan Evers | 4 March 2019

The Tax and Customs Administration is in the process of alerting entrepreneurs whose net turnover for 2017 and 2018 each totalled less than 5,000 euros to the possibility of their not having satisfied all of the allowance criteria.

income tax return

Income tax return for 2018

Written by: Willemijn Houter | 1 March 2019

Your pre-completed income tax return for 2018 is ready for you to be used. Please find a summary of this year’s changes compared with 2017 and other points for particular attention.

inaccessibility

Draft legislation providing for employees’ right to inaccessibility

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purchase

Subdivision of purchase price paid for business

Written by: Stan Evers | 20 February 2019

The divestment of a business or of operating assets customarily involves the subdivision of the overall purchase price for the various components of the transaction …

box 3

“Box 3” levy on basis of actual yield continues for now to be a pipe dream

Written by: Stan Evers | 14 February 2019

One of the plans included in the current Dutch cabinet’s coalition agreement relates to “Box 3” tax being levied on the basis of actual yield rather than on that of notional yield, as is currently being done.

dept

Mounting debt for business owner

Written by: Nico Koppel | 13 February 2019

When the director-cum-controlling shareholder of a private limited-liability company arranges for the company to grant him or her as loan the repayment of which is doubtful, this will cause the loan to come under the heading of “profit distribution” …

value-added tax rate

Scope for future application of reduced value-added tax rate to digi-books

Written by: Willemijn Houter | 7 February 2019

Questions have been tabled in the Lower House of the Dutch Parliament on the treatment in terms of value-added tax rate of digital books, journals, newspapers and magazines.

EBN European Business Number

Be alert for post from EBN European Business Number

Written by: Nico Koppel | 6 February 2019

As a business owner you may be about to receive (or perhaps have already received) an urgent letter from an outfit by the name of EBN European Business Number.

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