Conditions for the payment of a tax-free expense allowance
The application of the 30% facility is subject to the following conditions:
- The employee concerned must have been recruited from outside the Netherlands and must have specific expertise which is scarce or unavailable on the Dutch labour market (employee assigned to the Netherlands).
- The employer (the 'withholding agent', i.e. the person responsible for deducting wage tax) and the employee must make a joint request to the Inspector for application of the arrangements.
Re 1.
In determining whether the first condition is satisfied, the Dutch Tax and Customs Administration (Belastingdienst) will, where relevant, consider the following factors:
- the level of education enjoyed by the employee;
- the employee's relevant experience for the position;
- the remuneration for the position in the Netherlands in relation to the remuneration in the employee's country of origin.
Special group
The first condition is deemed satisfied if the employee fulfils the following three requirements:
- The employee has been assigned to the Netherlands as part of a job rotation scheme in an international group.
- The employee is in a middle management or senior management position in that group.
- The employee has at least two and a half years' experience in the group.
Re 2.
The employer must obtain permission from the Dutch Tax and Customs Administration to apply the facility. In order to obtain such permission the employer and employee must submit a joint request to the Tax and Customs Administration/Limburg/Department of International Issues in Heerlen. The Inspector's decision on the request is open to objection.
If the request is made within four months of the employee's starting employment the facility can be applied from the start of such employment. If the request is made later the facility can be applied with effect from the first day of the month following the month in which the request is made. The Inspector's decision will show the date from which the facility applies. |