Tax in the Netherlands part 5

This is the fifth article in our series of articles on taxation in the Netherlands. This article lists the changes made to the 30% plans on January 1, 2012, discusses the risks of the 30% rule and what happens when the 30% rule expires.

30% rule
Employees who come to the Netherlands may, under certain conditions receive a tax free allowance for extraterritorial expenses or receive 30% of their wages tax-free. The 30% rule is for incoming employees with specific expertise that is scarce or absent in the Dutch labor market.

As from 1 January 2012 the following points of the 30% rule have been tightened:
• scarcity of specific expertise;
• period the 30% rule can be used;
• definition of 'registered employee';
• PhD students.

Specific expertise
From 1 January 2012, the following employees are considered to possess specific expertise:
• An employee who receives a taxable salary of more than € 35,000;
• An employee who has obtained a master’s degree at an institution of scientific research, is younger than 30 years old and receives a taxable salary of more than € 26.605;
• An employee who works in the Netherlands as a doctor in specialist training at an educational institution as designated by the Medical Specialists Registration Committee, the Social Medical Registration Committee or the General Practice and Nursing Home Registration Committee;
• An employee who in the course of scientific research or scientific education in the Netherlands is employed by a qualified research institution.

The salary criterion also applies to employees who are employed part time. In this case the minimum salary level is not time-proportionally adjusted. A time-proportionate adjustment only takes place in the case of maternity or parental leave.

Scarcity
Besides the specific expertise condition attention should also be paid to the scarcity criterion. In assessing eligibility this criterion looks at the education, experience and pay level of candidates.

Duration of the 30% rule
With effect from 1 January 2012, the maximum duration of the ruling is shortened to 8 years. This adjustment does not apply to employees who have already been granted the 30% rule before 1 January 2012. The maximum duration of 8 years only applies to new cases.

The maximum duration of 8 years is shortened by any prior periods of residence or employment in the Netherlands within the last 25 years.

Definition of 'registered employee'
The 30% facility for employees who come to the Netherlands from 1 January 2012 applies only to employees who lived at least 150 kilometers from the Dutch border before they commenced work.

PhD
Foreigners who have completed their doctorates at a Dutch university and commence employment within one year of completing their studies can be regarded as incoming employees. If the other conditions are met the 30% rule can be applied. It is important that the candidate lived beyond a radius of 150 kilometres from the Dutch border before the start of their training to obtain their title.

Transitional Rules
Employees who were already working under the 30% rule on December 31, 2011 could be affected by the changes to the 30% rule on 1 January 2012. It is therefore important to see if the amended rules also affect existing situations.
For existing transitional situations, there are two situations possible:
• On January 1, 2012 an employee has had the 30% rule for less than five years. In that case, after the fifth year the employee will be tested whether they meet the new conditions;
• On January 1, 2012 an employee has had the 30% rule for five years or longer. In that case, the current conditions of the 30% rule are applied.

30% ruling expires or not applicable
If the 30% rule expires or the employee no longer fulfills the conditions of the 30% scheme they cannot reapply for it. In that case the employer can reimburse the actual extraterritorial costs to the employee.

In needs to be proven with receipts that these costs are actually made by the employee before the employer can reimburse them for tax free.

Extraterritorial costs can be defined as costs made with respect to temporary employment in the Netherlands. Examples of extraterritorial cost are: Cost of living allowances, visa costs, reconnaissance trips made in order to search for housing, storage of furniture which remains in homeland.