Contracting in the Netherlands

As a Dutch engager of contractors, you will be well aware of the Dutch law and penalties that await you if you do not observe Dutch employment and tax law recruitment companies.

You will be subject to the Dutch chain liability legislation (WKA) which means you can be held liable for your contract partners’ unpaid wage tax or social security contributions.

What can you do to limit these risks?

• Probably the best that you can do is to make sure that your employed contractors are working via and employed by a NEN 4400 registered Payrolling Company registered with the KvK (The Netherlands Chamber of Commerce) and SNA (the Dutch Labour Standards Association)
• You may also arrange to pay a portion of the funds you pay to the Payrolling Company in a G Account.

Suppose your contractors are using their own limited company. In that case, the Payroll Adviser BV can ensure that they are correctly registered and paying their taxes. We can also ensure that you are working with appropriate Model Agreements in place.

As from 1st January 2021, all contractors must, under the WAB (Balanced Labour Market Act 2020) receive an “Adequate Pension”.

The Payroll Advisor BV assures you of full compliance with this legal requirement.

Suppose you have a business outside the Netherlands and wish to employ staff in the Netherlands. In that case, The Payroll Advisor BV can give you a Professional Employer of Record (PEO) service.

You don’t need to incorporate a company in the Netherlands nor register your company as a foreign employer. The Payroll Advisor BV can act as your staff’s employer and work for your business.

The Payroll Advisor BV will ensure that all the employment requirements will be met and attend any HR issues. In return for an agreed fixed fee, we will attend to all the activities that need attention, and we will present you with monthly invoices for the costs of employment plus our fees. Nothing could be much more straightforward!

As a recruitment business, you will want to ensure that your contractors work lawfully in the Netherlands whether they are Dutch nationals or foreigners. All EU/EEA nationals can come to live and work without restriction in the Netherlands. All other citizens must have the legal right to work, and this may be through a work permit, European Blue Card, by family entitlement or Professional Card.

The Payroll Advisor BV can assist the contractor who requires it to obtain the legal right to work. After that, there are two ways that an employee can be structured compliantly, and these are:

• Employment
• Limited Company

Not everyone is eligible for all two solutions, and each has its advantages and disadvantages. The only way to establish the best method in a given case is to understand your requirements, clients’ wishes, and in the contractor’s best interests.

We demonstrate this by carrying out an in-depth fact find, and we believe that Access Financial Group is unique in using this methodology.

For many years the Netherlands has been an attractive location for contractors, and it has been a particularly amenable one for British contractors. From 1st January 2021 British people no longer have the right to live or work in the Netherlands. However, as a country in the Schengen Area, British people may spend up to 90 days in 180 days in the Netherlands for tourism or business purpose but not for gainful work. They will need a work visa as will any third-country national.

The Payroll Advisor BV can sponsor work permits and assist contractors in obtaining EU Blue Cards as well. Subject to having the legal right to work, there are essentially two ways to work legally in the Netherlands.

• Employment
• Limited Company

Not everyone is eligible for all two solutions, and each has its advantages and disadvantages, and the only way to establish the best method in a given case is to understand your requirements.

We demonstrate this by carrying out an in-depth fact find, and we believe that Access Financial Group is unique in using this methodology.

Foreign workers who have not worked in the Netherlands for the past ten years may be entitled to an expatriate tax concession, the 30% Ruling where 30% of the income is exempt from Dutch income tax and social security. The 30% Ruling once given can remain in force for up to 8 years.

If the tax authority refuses the 30% Ruling, the contractor may claim actual expenses against their tax bill. There are also generous relocation allowances available.

If you would like to discover your tax and net retention in the Netherlands, you can easily use our free online income calculator.