Revised 2019 Belastingplan Released

The revised 2019 Belastingplan has been released. The proposal, as written now, confirms our earlier expectations. Less than half of all #30Rule recipients are proposed to receive transition.

According to the proposal: #30Rule recipients whose term began in 2016 or later will not receive a transition period (and thus will lose three years of their promised term). Individuals whose start date began before 2016 will maintain their #30Rule until a maximum of 31 December 2020.

UENL is currently working with our legal advisors and legal firms to understand the legal ramifications of this proposal and potential next steps. Parliamentary debates will begin on 5 November, providing us an opportunity to convince Parliament to amend the proposal so that term limits are respected for all current recipients of the #30Rule.

We recommend that affected individuals speak with their own tax advisors or with the Belastingdienst to understand their personal situations.

#aDEALisaDEAL

Lack of Full Transition Period For 30% Tax Rule Violates Dutch Law

15 October 2018

UENL Stichting hired the law firm Stibbe (Tom Barkhuysen) to investigate whether the Government can legally implement the proposed changes to the 30% rule without transitional measures. The resulting Legal Document, which was submitted to the Finance Committee, concludes that the proposal is contrary to the principles of legal certainty, predictability, and proportionality. Even more, the lack of transition measures is in direct conflict with the Staatssecretaris’s own published policy on transitional law in tax legislation and with the principles of due diligence and justification. As such, the proposal is unlikely to meet judicial scrutiny should it go into law and, therefore, the 2019 Tax Plan should be amended accordingly. The document was produced in Dutch, with an English translation also available.

The #30Rule and Dividend Tax Proposals

Questions about the #30Rule and Dividend Tax? This is what we know, and don’t know.

UENL has confirmed that the dividend tax was submitted as a separate law proposal on Prinsjedag, September 18th, 2018. The dividend tax is part of the “Wet Bronbelasting 2020” proposal while the #30Rule is part of the “Belastingplan 2019” proposal.

Last week, we were informed that Parliament will vote upon these proposals separately on November 15th, 2018. We also heard the news of the reconsideration of all proposals by the government in regards to creating a better business climate – which includes the dividend tax and possibly the #30Rule.

What are the consequences for us? To be honest, we don’t know. We are not political analysts, however, we have been told that there are both positive and negative effects to this reconsideration – and as such, our optimism should remain tempered.

In the weeks ahead, we will continue our efforts to encourage Parliament to include an amendment to the #30Rule so that a transition period is included. We hope that the legal opinion assists in these efforts.

As we know more, you’ll know more. #aDEALisaDEAL