Tax and regulatory

Tax measures

Tax measures

Extension of the economic aid and recovery package (January 2021)

On 21 January 2021, the existing support package was extended by the cabinet and in some parts expanded. Most of the tax measures will apply until 1 July 2021. The possibility to apply for a tax deferral is extended till 30 June 2021 (was 31 March 2021). A tax debt payment schedule of 36 months will apply from 1 October 2021 (was 1 July 2021).

Last year the Dutch government announced the first emergency package of various crisis measures related to the corona epidemic on 12 March 2020 and 17 March 2020. On 24 April 2020, another six measures were published, including a mitigation for self-employed persons. On 20 May 2020 the Dutch government introduced a  second package of Emergency measures in relation to the COVID-19 pandemic. And on 28 August 2020, the Dutch government presented the third support package for businesses.

In the new extension also a number of other temporary measures, e.g. for VAT (care personnel, medical supplies, mouth caps), for income tax the mortgage interest deduction, is extended until 1 July 2021. Under certain conditions, the travel allowance can be paid tax free until 1 April 2021. Pending consultation with both countries, the mutual agreements with Germany and Belgium on the taxation of frontier workers is to be extended till 30 June 2021. 

Fixed costs allowance (TVL)

The TVL is a tax-free allowance of (maximum) 330,000 euros for the self-employed and SMEs (up to 250 employees) and 400,000 euros for non-SMEs (more than 250 employees) per quarter. The subsidy rates come out to 85 percent subsidy of fixed costs from 30 percent loss of sales for the first and second quarter of 2021. Starting in the first quarter of 2021, the minimum grant amount is 1,500 euros (was 750 euros).

The special deferment of payment of tax debts regime 

The term to submit a request for the application of the postponement of payment of tax debts regime (in Dutch: BUVB regime) for a period of three months is extended until 1 July 2021 (was 1 April 2021). Extension of previously granted deferment of payment can also be requested until 1 July 2021. 

For entrepreneurs who, after 1 April 2021, apply for the first time, this means that they do not have to meet their new payment obligations until 1 July 2021. 

Attention in case of extension!

Entrepreneurs who have submitted their application for the deferment of payment of three months before 1 April 2021, can still request an extension of the deferment period until 1 July 2021. It is important that entrepreneurs who are unable to meet their payment obligations after this three months period of deferment file themselves for an extension. This does not happen automatically! If they do not do so, they run the risk of being excluded from the payment scheme in which they can repay their tax debts in 36 months (see below under "Payback of debts").

For entrepreneurs who already received an extension earlier this year the deferment will now be extended automatically until 1 July 2021. These entrepreneurs do not have to resume the payment of new payment obligations until 1 July 2021.

What taxes?

This deferment regime concerns the following taxes: payroll taxes, VAT, income tax, income-related contribution under the Health Care Insurance Act, corporate income tax, gambling tax, insurance tax, landlord levy, environmental taxes (energy tax and Surcharge for Sustainable Energy and climate transition (ODE), coal tax, waste tax, tax on tap water), excise duties and consumption tax of non-alcoholic beverages and taxation of passenger cars and motorbikes (BPM).

Dividend tax is exempt from the postponement regime, because the payment of dividends undermines the liquidity position of companies.

The request for BUVB can be made via an online form on the tax authorities' website. For all income tax, Healthcare Insurance Act, corporation tax, payroll taxes and turnover tax (VAT) assessments, you can simultaneously apply for a postponement of payment. You do not have to wait until you have received an assessment for all five, one assessment is sufficient. For all other taxes for which you can request a special postponement, you indicate separately whether you want a postponement.

Postponement in connection with the corona crisis is also possible for import duties and other import taxes if they are levied under customs regulations for imports. These other taxes are: VAT, excise duties, consumption tax for non-alcoholic beverages and coal tax. For customs debts incurred in January 2021 you can apply for a deferment until 15 February 2021. It is no longer possible to apply for an extension for customs debts incurred in the months of March up to and including December 2020.

The debtor applies for a deferment of payment by e-mail to the recipient of Douane Amsterdam: douane.nederland.invordering@belastingdienst.nl. Indicate or send along:

  • the number of the invitation to payment
  • the amount for which you request postponement
  • a copy of the invitation to pay
  • recent annual accounts and financial data.

All BUVB regimes end on 1 July 2021 (was 1 April 2021)

All BUVB regimes - both regular and extended - end on 1 July 2021 at the latest or even before this date in the case of an initially granted extension and for which no further extension has been requested. All tax debts that correspond to the period for which an extension has been granted, have to be paid immediately. That is already the case as per 1 July 2021, or even before this date in the case an initially granted extension expires. For example, the obligation to pay VAT or payroll taxes for June 2021 falls outside the scope of the BUVB. These taxes should be paid or remitted under the normal rules.

If current liabilities are not resumed after 1 July 2021 or if repayments on the accrued (BUVB) debt are not made on time, the Tax and Customs Administration will resume the regular recovery measures (payment reminder, reminder, etcetera). This may already be the case if the initial three months deferment has expired and no extended deferment has been requested.

Postponement for three months

Anyone who has run into liquidity problems as a result of the corona crisis can submit a request for special deferment of payment (BUVB) for a period of three months. The initial request is deemed to be a request for deferment of payment of all outstanding and yet to be imposed tax assessments of certain taxes and can be done in writing or via an online form on tax authorities' website. Are you applying for a special deferment of payment for the first time? Then this applies automatically until 30 June 2021.

Please note: submitting a request for deferment of payment does not release the taxpayer from submitting the tax return on time.

Requirements for the extension of BUVB

A deferment of payment further than the initial extension of three months is possible - also in writing or via an online form on tax authorities' website - under the following conditions:

  • Existing payment problems make a longer deferment necessary.
  • These payment problems were mainly caused by the corona crisis.
  • The obligation to file a tax return has been met in relation to the tax debt for which the deferral is requested.
  • The requested deferral relates to one or more of the aforementioned taxes.
  • The entrepreneur declares that no bonuses will be paid to the Board of Directors and the management of the company, no dividend will be paid and no shares will be repurchased in the period up to and including the meeting at which the annual accounts are adopted.
  • If the total tax debt at the time of receipt of the request for deferment amounts to 20,000 euros or more, a declaration from a third party expert is required (see below).
Notification of inability to pay

Does this apply to you?

  • You have applied for a special deferment of payment.
  • You did so as, or on behalf of, a director of a commercial company which is a legal person and is subject to corporation tax.
  • The main cause of the inability to pay was the corona crisis.
  • Your company could not pay the payroll tax, turnover tax, gambling tax, energy tax, coal tax, waste tax, tap water tax, domestic excise duties or consumption tax on non-alcoholic beverages.

In that case, the tax authorities will regard your request for special postponement of payment until 31 March 2021 as a notification of inability to pay. Your notification will be timely and legally valid for tax due that should have been paid or paid as of 12 March 2020.

Declaration of third party expert 

The declaration of a third party expert, required in the case of an application for BUVB for a period longer than three months and an initial tax debt in excess of EUR 20,000, must state this:

  • it is plausible that there are actual payment problems at the time of the request or expected shortly thereafter (assumably the period in which the current restrictions of the government with regard to the entrepreneur in question apply, such as the closure of the catering industry, sports facilities and childcare up to and including 28 April and the ban on events up to 1 June;
  • it is plausible that these payment problems were mainly caused by the corona crisis; and
  • the liquidity forecast is plausible (this forecast must be based on facts and circumstances known at the time of submission).

In the explanation to the statement, the third party expert must indicate which documents or information were provided by the entrepreneur with, if necessary, a further explanation.

Regular postponement scheme

If after 30 June 2021 (following the termination of the BUVB, thus on 1 July2021) a postponement of tax liabilities is necessary, a request can be filed based on the regular postponement scheme. The Dutch tax authorities may request more information and may request securities.

Payback of debts

On 1 October 2021, a start must be made on paying off the tax debt built up by the special deferral in a maximum of 36 equal monthly instalments. Repayment in whole or in part before 1 October2021 is possible and also in the period up to 1 October2024. The entrepreneur may in special situations begin to pay back the debts at a later moment, but in any case the tax debts should be fully paid back by 1 October 2024.

If the payback period of three years is too short for the taxpayer, a tailor-made solution can be agreed with the tax authorities on the basis of existing policy.

Adjusting provisional assessment, offsetting during deferment and Eased collection

Entrepreneurs now pay tax on the basis of a provisional assessment of income tax or corporation tax. Entrepreneurs who expect lower profits due to the corona crisis can apply for a reduction in the provisional assessment, so that they will pay less tax immediately. These requests will be granted by the tax authorities.

The recipient does not apply set-off during the period of deferment and the period of the payment arrangement with any tax refunds (unless the entrepreneur requests this or the interests of the State are harmed). This is the case, among other things, if the recipient fears abuse, which endangers the possibility of redress.

Annulment of payment default penalty

You can be fined if you do not pay your tax, do not pay it in full or do not pay it on time. The Tax and Customs Administration will annul this fine if you meet the following conditions: You have applied for and been granted a special postponement of payment with a late payment penalty because you have not paid your tax return. This is a fine for the period in which the relaxed deferral policy applies. In concrete terms: a fine for the period February 2020 or later.

In that case, you do not have to pay the fine. And you do not have to object to it either.

Please note that from 1 July 2021, the relaxation for payment default penalties (for the period 12 March 2020 up to the date on which the deferment of payment ends) will lapse and, for example, the non-payment or late payment of wage tax or payment of VAT for the June 2021 tax period will be fined according to the regular policy.

Deferment of payment for import duties

The special arrangement for deferment for payment (BUVB, including the limited extension) was and is not applicable to import VAT, excise duties, the consumption tax for non-alcoholic drinks and the coal tax, insofar as these taxes are levied in accordance with customs legislation on imports.

Deferment of payment of vehicle tax (BPM)

A special deferment of the payment (BUVB) of vehicle tax (in Dutch: BPM) is possible for licence holders (entrepreneurs who regularly apply for passenger car registrations and pay the tax afterwards on a monthly or quarterly basis), for the period May 2020. The BUVB of BPM runs through 30 June 30 2021.

Extension of the application of the reduction of tax interest and of recovery interest 

The temporary reduction in recovery (tax collection) interest to 0.01 percent took effect on 23 March 2020 and initially applied for three months. It has now been extended until 31 December 2021. From January 1, 2022 it will go back to the original level of four percent.

Also the tax interest rate was reduced to 0.01 percent for all taxes since 1 June 2020 (with the exception of income tax, for which the reduction has been in force since 1 July 2020) and has returned to its original level of four percent from 1 October 2020. The corporate tax interest rate is set at four percent for the period from 1 October 2020 to 31 December 2021, instead of the original level of eight percent.

For the Caribbean Netherlands the temporarily reduced recovery interest rate of 0 percent applies until 31 December 2021. This is in line with the deadline that applies to the European Netherlands.

Approval of payment discount

If an assessment is recoverable in several instalments (e.g. a provisional corporate income tax assessment), the taxpayer will receive a payment discount if the entire assessment is paid before the expiry of the first instalment. The amount of the payment discount is calculated on the basis of the percentage of the recovery interest. Since the recovery interest will be virtually zero as of 23 March 2020, the government approves that the original amount of the payment discount can still be enjoyed.

Job-related investment discount (BIK)

With the proposed crisis measure Job-related investment discount (in Dutch: Baangerelateerde investeringskorting, BIK), as a private or corporate entrepreneur, you can deduct 3.9 percent of the investment amount from your payroll taxes for investments up to and including five million euros, and 1.8 percent of the investment amount in excess of five million euros for larger investments. In order to make use of the BIK, you must meet various conditions. An important condition is that you employ personnel for whom you pay wage tax, otherwise you cannot cash in the BIK. By linking the investment discount to the remittance of payroll taxes, companies that are currently making losses can already benefit from this scheme. This crisis measure will be introduced as of 1 January 2021, although it already applies to investments as of 1 October 2020, and will last until 31 December 2022. Thereafter, the Dutch cabinet will come up with another measure to reduce employers' contributions.

Read more about this in the article: 'How do you take advantage of the Job-related investment discount?

Energy Tax (EB) and the renewable energy and climate transition surcharge (ODE)

The moment at which Energy Tax (EB) and the Surcharge for Sustainable Energy (ODE) become payable may be temporarily postponed as of 1 April 2020.

G Account holders

An additional temporary measure has been taken for suppliers which use a G Account ( in Dutch: Geblokkeerde Rekening, G-rekening). A G Account is a blocked account that an entrepreneur can use solely to make payroll taxes and VAT payments to the tax authorities. In order to ensure that the temporary deferral policy also offers relief to entrepreneurs with a G Account, an additional measure has been taken. In addition to the existing possibility of unblocking surpluses, it is possible to release the G Account up to the amount for which special deferment of payment has been granted. This will give these entrepreneurs the same possibilities as entrepreneurs without a G Account (i.e. the free disposal of tax paid to them).

In line with the phasing out of the deferral scheme, the extended unblocking possibility of the G Account will also be phased out. As long as and as far as the entrepreneur enjoys a moratorium and keeps to the current payment and repayment obligations, unblocking of the balance (surplus) of the G Account remains possible. This concerns the balance that corresponds to the payable wage tax and turnover tax for which no collection measures are taken or payment is deferred because of the relaxation. Rejection of a request for unblocking is therefore possible if and insofar as newly incurred obligations are not met or repayment terms are not met.

The measure with regard to the G Account expires definitively on 1 January 2023, when the temporary deferral and repayment policy also expires definitively. 

Recovery of the G Account balance by the tax authorities remains as long as no recovery measures are taken or postponement of payment is enjoyed due to the relaxation measures, unless the interests of the State dictate otherwise.

Postponement of entry into force of legislative proposal Borrowing excessively from own company Act

The entry into force of the legislative proposal 'Excessive Borrowing from Own Company Act' will be postponed for one year, until 1 January 2023. In the run-up to the entry into force of the Act, managing major shareholders (dga's) may wish to repay debts to their own company, in any event up to the limit of EUR 500,000 (excluding housing debts). Due to the corona crisis, this may be more difficult to achieve at the moment. The postponement gives dga's more time - in fact until the end of 2023 - to prepare for the entry into force of the measure.

Payment break for mortgage obligations extended till 1 July 2021

Credit providers want to offer customers the opportunity to take a payment break of interest and repayment for a maximum of six months for mortgage loans for a principle residence, if they are temporarily unable to meet their payment obligations during the corona crisis. 

For mortgages subject to a tax repayment obligation, the current tax rules require that, when there is a break in 2020, this should be made up at the latest by 31 December 2021. The Dutch Decree ‘Eigenwoningrente; betaalpauze voor rente en aflossing eigenwoningschuld’ of 8 May 2020  and the Dutch Besluit noodmaatregelen coronacrisis of 30 September 2020 stipulate that a temporary postponement of the payment does not lead under certain conditions to undesirable tax consequences. There is also a possibility for a payment break for a loan taken from an own private limited company (BV) or a family member. Additional conditions apply to this possibility.

Under the current rules, this repayment arrears must be recovered by 31 December 2021 at the latest. If this is not possible, the right to deduct interest will be maintained, subject to conditions, if a new repayment schedule has been agreed with the lender and this takes effect on 1 January 2022. However, the government has decided to grant approval so that the lender can agree a new repayment schedule with the debtor earlier than 1 January 2022.

In order to be able to make use of this approval, the following conditions apply:

  • Registration with the lender between 12 March and 1 April 2021. 
  • The payment break is a maximum of six months. 
  • The payment break has been confirmed in writing by the lender. 
  • The payment period commences no later than 1 July 2021.

Relaxation of customary pay in the event of a loss of turnover

On 24 April 2020 it was announced that it  was permitted in 2020 for persons with substantial shareholding (for example a director and major shareholder) who were faced with a loss of turnover, to maintain a lower customary pay in proportion to the loss of turnover. This applied under certain conditions. The period of the year in 2020 is compared to the same period in 2019. The Dutch Besluit noodmaatregelen coronacrisis of 30 September 2020 (Decree) elaborates on the measure at hand. The Decree applies as of 12 March 2020, retrospectively. 

The customary pay may be determined according to this formula:

Customary pay 2020 = A x B / C

A = the customary pay for 2019

B = turnover over the first four calendar months of 2020

C = turnover over the first four calendar months of 2019.

For the conditions see the Dutch Besluit noodmaatregelen coronacrisis of 30 September 2020 (Decree).

Customary pay in 2021

Also for 2021, shareholders with a substantial shareholding who face a decrease in turnover may assume a lower customary wage. In the regulation for 2021, the turnover for the entire year 2021 will be compared with the turnover for the entire year 2019. There must be a loss of turnover compared to 2019 of at least thirty percent. The other conditions attached to the approval will be similar to the 2020 scheme.

Fixed (travel) expenses

Agreements have often been made between employer and employee on fixed allowances. For example, for travel expenses to and from work or a lunch allowance. As a result of the corona crisis, people work at home as much as possible and have lower (travel) costs. The government has decided that working from home as a result of the corona crisis does not affect the fixed (travel) allowance.

The employer does not have to adjust the fixed allowance. Up to and including 31 March 2021 (was 31 January 2021), he may continue to rely on the (travel) pattern on which the reimbursement was based. A condition for this is that the right to the fixed allowance was fixed on 12 March 2020 at the latest.

Employees: deduction of travel expenses without reimbursement by the employer

Do the employee's travel expenses for commuting between home and work continue during the corona crisis, for example, in the case of a continuous public transport subscription? In that case, he/she may apply the income tax deduction for the year 2020 as if he/she had just gone to work.

Postponement of the obligation to publish ANBIs' financial information

Public benefit purpose charities (in Dutch: algemeen nut beogende instellingen, ANBI’s) must publish certain information digitally, for example on their website, within six months of the end of the year. This information includes an up-to-date activity report, the balance sheet and the statement of income and expenditure. Until 1 January 2021 it was possible to extend the six-month period by a maximum of four months under the following conditions:

  • Within six months of the end of the financial year, the institution shall publish the management decision to extend on its website.
  • The management decision shall state the reasons why the financial information cannot be published within the six-month period.

For more information, please contact Diederik van Dommelen or Philip Vossenberg.

Diederik van Dommelen

Partner, PwC Netherlands

31 (0)65 394 44 71

Email

Philip Vossenberg

Partner, Utrecht, PwC Netherlands

+ 31 88 792 41 72

Email

International (fiscal) support measures

Governments around the world are taking support measures in connection with the corona crisis. These may apply to your industry or sector. For an overview, see the international (fiscal) support measures.

For more information, please contact Diederik van Dommelen or Philip Vossenberg.

More information about taxes

Diederik van Dommelen

Partner, PwC Netherlands

31 (0)65 394 44 71

Email

Philip Vossenberg

Partner, Utrecht, PwC Netherlands

+ 31 88 792 41 72

Email

VAT and customs planning

VAT and customs planning

VAT

Cancellation, price reductions and VAT

Changing the payment (due to cancellation or price reduction via, for example, credit notes) can lead to changes in the amounts of VAT to be paid and claimed. The same applies to any lump sum settlement payments or compensation payments. It is important that you identify the VAT consequences carefully in order to prevent VAT risks.

Improve your VAT liquidity position

For VAT, there is also the possibility of temporarily deferring payment of tax until 30 June 2021 (was 31 March 2021) at the latest. No later than 1 October 2021 (was 1 July 2021), except in special situations, a start must be made on repaying the tax debt accrued through the special deferral in a maximum of 36 equal monthly installments.

To structurally improve your liquidity position for VAT in particular, you can consider adjusting the VAT return period to monthly or quarterly depending on whether there is a position to be claimed or paid, optimising the timing of sending invoices and submitting refund requests for already paid VAT included in irrecoverable debtors. 

For bad debts from energy suppliers, a reduction (EB and ODE) is possible insofar as it is established that an amount to be received by the taxpayer has not been and will not be received. The same scheme applies to VAT. For the allocation of the amounts received by these suppliers, a practical approval applies temporarily.

Approvals VAT and health care

On 14 April 2020, the Dutch VAT authorities issued two important temporary approvals in the areas of corona and VAT. These two announcements seek to reduce or remove the additional administrative or VAT burden caused by the levying of VAT on the supply of staff and medical supplies. These two approvals can be applied retroactively from 16 March 2020. The approval for the supply of staff is valid until 1 July 2021 (was 1 April 2021). The approval for medical devices is. valid until 1 January 2021.

In addition, the VAT zero rate for oral caps entered into force on 25 May 2020 (Package 2.0). In any case, no VAT will be due on the supply of oral caps until at least 30 June 2021 (was 31 March 2021).

Member States have agreed to the possibility of a VAT exemption with a right to deduct input VAT (similar to a zero VAT rate) on supplies of COVID-19 vaccines and in vitro diagnostic medical devices (test kits), including closely related services. The zero VAT rate applies only on condition that such supplies benefit the final consumer and pursue an objective in the public interest. The Dutch cabinet has indicated to introduce the zero VAT rate on COVID-19 vaccines and test kits - including the extension - until 1 July 2021 (was 1 April 2021). Thus, from 21 December 2020 through 30 June 2021, a VAT rate of zero percent will apply to:

  • the supply of corona vaccines
  • the vaccination with these vaccines
  • the supply of corona test kits
  • testing with these test kits.

VAT and secondment of healthcare personnel

The tax authorities approve, subject to conditions, that the supply of health staff is not subject to VAT until 1 July 2021 (was 1 April 2021). It concerns the supply of health staff to medical care institutions in a broad sense. It concerns hospitals, outpatient clinics, nursing institutions, psychiatric institutions, institutions for the elderly, district nursing, maternity care and day care facilities for the disabled.

The measure applies both to the provision by these care institutions mutually and to the supply of health staff by entrepreneurs other than the institutions referred to above.

The main conditions are that the entrepreneurs who make their health care staff available must state on the invoice that use is being made of this corona approval and they must also record in their administration the information relating to the application of the approval. 

If a fee is charged for the secondment, the fee for the secondment must be limited to the gross salary costs of the staff member concerned, plus an administrative cost allowance of no more than five percent. Under no circumstances may profit be sought or made from the secondment of the health care staff.

The supply of healthcare personnel which, on the basis of this approval, is not subject to VAT is also not taken into account for determining the supplier’s right to deduct VAT.

In case of application of the corona approval by taxable persons, other than the aforementioned VAT exempt medical institutions in a broad sense, the possible deduction of VAT for these entrepreneurs will nor be afflicted. 

As a result of this corona approval, VAT exempt entrepreneurs other than the afore-mentioned VAT exempt institutions, do not acquire any (additional) right to deduct VAT, nor does the application of this approval reduce their possible existing right to deduct VAT.

VAT and free provision of medical supplies and equipment

The Dutch VAT authorities approve until 1 January 2021 that the free-of-charge provision of medical supplies and medical equipment to medical care institutions as mentioned above or to general practitioners, does not affect the levying or deduction of VAT on the entrepreneur who supplies these goods. There is no restriction on the deduction of VAT or the levying of VAT.

The two most important conditions are:

  • It concerns only goods that are mentioned in the list of the World Customs Organization; classification of medical facilities in connection with outbreak Covid-19.

  • The entrepreneur must state on the invoice that use is being made of this corona approval and must record the data relating to the application of the approval in the administration.

For more information, please contact Jochem Kijftenbelt.

Customs

The logistics chain may be hampered by the coronavirus epidemic. Delays are possible when either sending or receiving. Spreading the logistics can eliminate some of these problems. Insofar as existing customs schedules have to be adapted due to the spread of logistics across various ports, it is extremely important to consult with customs authorities or advisers regarding the customs-related consequences.

The processing of customs procedures or customs permits is often subject to deadlines. Limited logistical availability or staffing issues at customs offices or companies, may mean these deadlines are not met. You can make agreements with the customs authorities to extend these deadlines.

For customs debts that arose in the period 1 March to November 2020, it is no longer possible to apply for a deferment.

Customs debts incurred in December 2020 may be postponed until 15 January 2021.

For more information, please contact Claudia Buysing-Damsté.

More information about VAT and customs

 

Jochem Kijftenbelt

Partner, Amsterdam, PwC Netherlands

+31 (0)88 792 45 01

Email

Claudia Buysing Damsté

Partner, Rotterdam, PwC Netherlands

+31 (0)65 103 04 63

Email

Winstbelasting

Tax on profit

In addition to requesting a deferment of payments, it is also possible to claim a refund if you expect to make a loss this year. In fact, you do not need to wait to set off your loss until your tax return has been processed. When you submit a provisional return you can immediately request a provisional loss set-off of eighty percent of the loss you indicate. To do this, the assessment for the year against which the loss is to be set off must already be final.

Corporate income tax - corona tax reserve

If 2020 becomes a loss year for your company, while 2019 was a profitable year, you will have the possibility of setting off this loss against your profits from 2019, insofar as the losses do not exceed the profits. This would generate a tax refund. Insofar as the losses exceed the profits of the previous financial year, the losses can still be set off against the profits of subsequent financial years according to the rules for loss compensation.

This 'carry back of tax losses' is effectuated when filing the corporate income tax return for 2020. Because the tax returns for 2020 will only be submitted in 2021 or later and as the government considers it undesirable for companies to have to wait so long to set off their losses, the government allows the formation of a 'tax corona reserve' for 2019. This is elaborated in the Dutch Besluit noodmaatregelen coronacrisis of 30 September 2020 (Decree) and also in the Tax Plan 2021. The most important requirements are as follows:  

  • a ‘corona-related loss’ for book year 2020 should be expected;
  • the ‘corona-related loss’ shall not exceed the total losses for 2020;
  • Your company’s loss that you are expecting to suffer in 2020 as a result of the corona crisis can be brought fully or partially to a corona tax reserve against your profits for 2019. The corona tax reserve should not exceed the total amount of profits for 2019. The tax result for 2019 therefore cannot become negative as a result of this reserve. 
  • the corona tax reserve should within book year 2020 be included in the profits of your company;
  • The addition to the corona tax reserve will be included in the 2019 tax return under the section “other tax reserves”. The release of the corona tax reserve in the book year 2020 is included as a withdrawal under the same heading of the 2020 tax return.
2020 provision for expenses in 2021

When preparing the corporate income tax return for the 2020 financial year, you may recognise a provision based on the normal fiscal rules for expenses that is or will be incurred in 2021, but which origin lays in 2020. Under certain circumstances a provision can be formed, as an example, for the expenses of a redundancy scheme to be made in 2021 related to staff reductions due to the corona crisis and already decided in 2020.

Reimbursements TOGS and Subsidy fixed charges exempted

Benefits under the TOGS and Subsidy fixed charges (including the one-off stock and adjustment costs for the hotel and catering industry and closed retail trade) are not included in the profit, so no profit tax has to be paid on them. This had already been regulated in the Dutch Besluit noodmaatregelen coronacrisis of 8 May 2020 (Decree) but is now also laid down in the Tax Plan 2021 and the letter to the Lower House of Parliament of 18 December 2020.

Corporate income tax rate

There are two corporate income tax rates, namely the low rate (fifteen percent in 2021) for the first 200,000 euros of taxable profit (the so-called basic rate), and the high rate (25 percent) for the rest. As a result the effective tax burden will decrease if a company generates a lower taxable profit and will increase if a higher profit is achieved. In more difficult times your company will therefore pay less tax relatively speaking as well as in real terms.

If you expect less taxable profit this year, but this profit is at risk of being just above the basic rate threshold for corporate income tax, it may generate a (small) liquidity benefit if an investment which was planned for (the beginning of) 2022 can be made in 2021. After all, if a company achieves less than 200,000 euros of taxable profit, the basic rate of fifteen percent will apply in 2021 (was 16.5 percent in 2020).

Personal income tax rate

People who have a private company (personal income tax companies) pay progressive personal income tax on their profits (in 2020: 37.1 to 49.5 percent, also see our fiscal datacard). The progressive rates mean that the same applies as for businesses/companies which are subject to corporate income tax, with a lower taxable profit leading to a lower effective tax burden. Less profit in difficult times leads to less tax relatively speaking as well as in real terms.

Measure for self-employed persons: relaxation of hours criterion

In order to avoid losing the right to entrepreneurial facilities based on the 1225-hours-per calendar-year-criterion, in the period from 1 March 2020 to 30 September 2020, entrepreneurs will be deemed to have spent at least 24 hours per week on their business(-es), even if they have not actually done so in view of the corona crisis. 

The relaxation of the hours criterion applies also to seasonal workers by means of an additional provision. Entrepreneurs who are exercising seasonal work that normally peaks from 1 March to 30 September 2020 in relation to the number of hours they spend on their company, are considered to have spent the same number of hours in this period as in the same period in 2019.

The reduced hours criterion of eight hundred hours per calendar year for the starters' deduction for incapacity for work is also relaxed, as a result of which the entrepreneurs concerned are deemed to have spent at least sixteen hours a week at their company(-ies) for the period from 1 March 2020 to 30 September 2020.

Hours criterion 2021 

There is also a relaxation of the hours criterion for 2021. This relaxation means that during the period from January 1, 2021, through June 30, 2021, entrepreneurs are deemed to have spent at least 24 hours per week on their business 2021 (and at least sixteen hours per week for the starter's deduction in the case of disability).

For entrepreneurs who perform seasonal work, it will apply that they will be deemed to have spent the same number of hours in the period from January 1, 2021 through June 30, 2021 as they spent in this period in 2019. The entrepreneur can use the 2019 records to find out how many hours he spent on the business in the period from January 1 to June 30 and thus also assess whether he meets the hours criterion in 2021.

The reduced hours criterion of eight hundred hours per calendar year in the starter's deduction for disability is also being relaxed. For the period from January 1, 2021 through June 30, 2021, the entrepreneurs in question will be deemed to have devoted at least sixteen hours per week to their business(es).

Extended deadline for retroactive tax neutral conversion and tax neutral return

Tax neutral conversion of a personal income tax company into a NV or BV (public and private limited companies, respectively) and tax neutral return to a personal income tax company are possible with retroactive effect to the beginning of the year under certain conditions. One of the conditions for the retroactive effect is that certain legal actions are carried out within fifteen months of the date to which the retroactive effect is desired. The deadline for retroactivity up to 1 January 2019 expired on 31 March 2020.

Due to the corona crisis, the government approves that the inspector extends this fifteen-month period by three months if this period expires in the period from 1 March 2020 up to and including 31 May 2020. This part of the Dutch Besluit noodmaatregelen coronacrisis of 30 September 2020 (Decree) has a retroactive effect to 12 March 2020.

Extended deadline for retroactive company merger, legal merger and demerger

If the facilities of the corporate merger, the legal merger and the demerger are used with retroactive effect to the beginning of the financial year, then the condition applies that certain legal acts must have been performed within twelve months - and in the case of a corporate merger within fifteen months - up to the moment that the facility has retroactive effect. Due to the corona crisis, this deadline may not be met if it expires in the period from 1 March 2020 up to and including 31 May 2020.

Therefore, the government approves that the inspector extends the twelve-month period for the legal merger and demerger and the fifteen-month period for the corporate merger by three months if the deadline expires in the period from 1 March 2020 to 31 May 2020. This part of the Dutch Besluit noodmaatregelen coronacrisis of 30 September 2020 (Decree) shall have retroactive effect until 12 March 2020.

For more information, please contact Diederik van Dommelen or Philip Vossenberg.

More information about taxes

Diederik van Dommelen

Partner, Amsterdam, PwC Netherlands

+31 (0)65 394 44 71

Email

Philip Vossenberg

Partner, Amsterdam, PwC Netherlands

+31 (0)88 792 41 72

Email

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Jochem Kijftenbelt

Jochem Kijftenbelt

Partner, PwC Netherlands

Tel: +31 (0)88 792 45 01

Claudia Buysing Damsté

Claudia Buysing Damsté

Partner, PwC Netherlands

Tel: +31 (0)65 103 04 63

Diederik van Dommelen

Diederik van Dommelen

Partner, PwC Netherlands

Tel: +31 (0)65 394 44 71

Philip Vossenberg

Philip Vossenberg

Partner, PwC Netherlands

Tel: +31 (0)88 792 41 72

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