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Update on the Dutch 30% ruling

 
The term of the 30% ruling will be limited from eight to five years. As per 15 October 2018 it has been announced by the State Secretary of Finance to limit the period as per 1 January 2021. There will be no transition period for existing 30% ruling holders. As a result all applications granted after 1 January 2016 will be effected by this decision.

What is a 30% ruling?

 

Highly skilled migrants can make a request for a so called “30% ruling”. An arrangement for employees who are hired abroad to work in the Netherlands and allows payment of 30 percent of their salary as a tax-free allowance to compensate for the extra expenses of moving and living abroad. 

The 30% ruling is also relevant for the tuition fees. The extraterritorial employee will in such case be compensated for the costs of his/her children attending primary or secondary international schools and international departments of non-international schools, up to the amounts charged by the school according to its rates for education, with the exception of costs and accommodation expenses but including travel expenses.

What are the conditions to be eligible for the 30% ruling?

> There has to be an employment situation. 

As proof of the employment situation an employment agreement shall be concluded. Self-employed persons do not qualify.


> The incoming employee should have specific expertise/certain salary level. 

For the evaluation of whether an entered employee possesses specific expertise that is scarce or absent on the labor market in the Netherlands, a minimum salary requirement exists. This salary requirement replaced the obligation to proof the level of education and relevant work experience. This information may still be relevant when scarcity has to be proven.

For the year 2018, the following amounts apply for the 30% ruling:

- minimum required taxable gross salary is € 53,280;

- for employees under the age of 30 who have obtained a master degree at a foreign university the minimum required taxable gross salary is € 40,500.

The required salary amounts change every year based on the applicable index rates.

> Distance requirement - 150 kilometers

An incoming employee must have lived more than 150 km from Dutch border for more than eight months out of the 24 months prior to the commencement of employment in the Netherlands. Distance is measured in a straight line from the city the employee lived in to the closest Dutch border. 


What is the term of the 30% ruling?

For entered employees the term is eight years, starting on the first day of employment by the employer. As indicated here above, this term will be shortened to five years as per the date of 01 January 2021.

What happens with the 30% ruling in case of a new job?

Expats who are moving to a new position or a new employer will still be able to benefit from the 30% ruling. The employee and employer have to request the tax authorities to continu to apply the 30% ruling on the new position. The scarcity shall be proven once more. Also there can not be a period of more than three months of unemployment in between two jobs.

What are the benefits of the 30% tax ruling?

In addition to the fact that 30% of the salary will not be taxed for personal income tax, the following two benefits apply:

> Under the 30% ruling it is possible to opt for the ‘partial non-residency status’. For Box 1 income the employee will be considered a resident tax payer. Though foreign income and assets do not have to be included into Box 2 and Box 3. Except for real estate located in the Netherlands and substantial shareholding in a Dutch resident company. Next thereto the employee will be entitled to a partnership ruling in Box 1.

> The employee’s foreign driving licence can be converted into a Dutch license. Without the 30% ruling many foreign nationals have to retake their exam.