UPDATE FROM THE LEGAL TEAM: FOR INDIVIDUALS WITH SIGNED POWER OF ATTORNEY
The Agreement
During the last couple of weeks, the legal team has met frequently with the Dutch tax authorities to come to an agreement that will end all paperwork and that will allow as many possible participants to be covered under this agreement. You may recall that initially the tax authorities were reluctant to include participants that changed employers after 1 January 2019 in the agreement. They have now agreed to conclude a separate agreement for this category of participants. Another important item that has been added to the agreement is that it will also cover the box 3 tax (partial resident taxpayer status).
The legal team is still working on finalizing the agreement. Once it is officially signed, we expect that you will receive a confirmation from the Dutch tax authorities that you are covered under the agreement. Please note that an explanation of the agreement and the corresponding consequences for you as individual taxpayer will be shared upfront.
Critical Documentation That You Must Still Submit
Please note that, in order to be covered by the agreement, you will need to send at least one complete and timely letter of contest to the Dutch tax authorities. As most of you have already sent several letters (seems a long time ago we sent the first objection letters!), you only must ensure that the objections are complete. One of the items that is still missing for most of you is a copy of the addendum. You must send this addendum to the tax authorities.
About the Addendum. The attachment of this email shows an example of the document you should be looking for. If you are not able to find it, we recommend asking your employer to find it for you. The addendum can be a separate document, or the text of the addendum can be included in your employment contract. The tax authorities need a copy of your addendum (or employment contract if embedded in the addendum). If you have no addendum, we recommend you and your employer to establish one (the attachment can be used) and to send this to the tax authorities.
PLEASE NOTE THAT IF NO ADDENDUM IS PROVIDED, YOU WILL NOT BE ABLE TO BENEFIT FROM THE AGREEMENT
Mailing the Addendum. The addendum should be sent, in hard copy, to the Dutch tax authorities by regular mail. The address to use is: Belastingdienst | Postbus 8738 | 4820 BA BREDA
Please make sure to provide (by writing this on the addendum itself, on a separate Post-it note, or in a short accompanying letter):
Your name
Your BSN
GBV-number. This is the number that is mentioned under ‘Ons kenmerk’ in the letters of the Dutch tax authorities in which they confirm receipt of your letter of contest and looks like: 91321.111111.1.0 If you have more than one GBV, please mention just one.
Please also email a copy of the addendum to the legal team of Taxperience, this can be a scanned version. Please make sure to mention ADDENDUM in the subject line of your email.
FORTHCOMING SURVEY
In addition to this information, we will be sending out a survey (via email) later this week to those who have submitted a power of attorney form. In the survey, we will we ask you to update the information we have on record. This will allow us to make sure that you are covered under the agreement with the Dutch tax authorities. We will include detailed instructions how and where to send the addendum in this survey. To facilitate this process, below you can find the information that the survey will be requesting so that you can be prepared:
Information to be requested in survey
Full name
BSN
Start date of your (first) 30%-ruling
Did you change employers after 1 January 2019? Yes/No
If yes, during which year(s)? 2019/2020/2021 (multiple answers possible)
Confirmation that you sent a copy of the addendum to the Dutch tax authorities and Taxperience
FINANCIAL IMPACT STATEMENT
As a final step, you will have to inform the Dutch tax authorities about the financial impact of losing your 30%-ruling on a month-by-month basis. The legal team will provide guidance how you can calculate this yourself (or you can ask your employer for assistance). This information will organized and gathered at a later date by UENL/TAXPERIENCE.
We know this journey is long. Thank you for your ongoing support and participation!