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JUNE 2013

business Living in the Netherlands and Income from Abroad

Living in the Netherlands and Income from Abroad

Some people living in the Netherlands have also an income from abroad. Questions that arise are: Where do I declare the income from abroad? Abroad is also taxed, will I be taxed twice? If this is your situation, keep reading.


Income from abroad


If you live in the Netherlands, you must state your complete worldwide income in your tax return. Your income from abroad is also part of your worldwide income (for example income from employment or foreign property). The fact that you have to state your income from abroad does not always mean that you have to pay income tax on this in the Netherlands. If the right to levy taxes agreed upon under national and international regulations is assigned to another country than the Netherlands, you do not owe any income tax in the Netherlands on that income from abroad. In order to avoid having to pay income tax in several countries, you are entitled to an income tax relief in the Netherlands. This is called double tax relief.

The Netherlands has signed tax treaties with a large number of countries. A tax treaty is an agreement between two countries about which of them has the right to levy tax on given income. This is to avoid, having to pay taxes on the same income in two countries. The content of the treaties is not the same for every country, therefore you can only find out about the exact consequences for the levy of tax in the Netherlands by consulting the specific treaty relevant to your situation.


Income from Aruba, Curaçao and Saint Martin


If you have income from Aruba, Curaçao and Saint Martin, you must consult the Tax Regulations for the Kingdom, which set out the tax relations between the Netherlands and the (former) Netherlands Antilles and Aruba. The Tax Regulations for the Kingdom are not a tax treaty, though the application can be compared to this. Since 2010, there has been a separate regulation for Bonaire, St. Eustasius and Saba.

If you have income from a country the Netherlands has not concluded a tax treaty with, this does not automatically mean that you have to pay income tax on this in the Netherlands. In such cases, the 'Double Taxation (Avoidance) Decree (2001)' applies. The application of this decree means that situation in which you have to pay tax on the same income component twice is avoided. You are then entitled to an income tax relief in the Netherlands, the so called double tax relief.

Living in the Netherlands and Income from Abroad


Methods to avoid double taxations


The way to calculate the double tax relief depends on the type of income and the country in which you received this income. There are two methods: The exemption method and the setoff method. In addition, the calculation of the relief differs for you if you have resident taxpayer status or if you have non-resident taxpayer status.


Exemption method


Calculation using the exemption method is based on the relationship between the income on which the Netherlands may not levy taxes under the tax treaty and the total income (from both the Netherlands and abroad). This method usually applies to wages (in box 1) and always to immovable property (in box 3).

For example:
Your taxable income from work and home (box 1) is € 30.000. Suppose your calculated income tax is € 2.000 in 2013. Your income consists of wage from the Netherlands amounting to € 15.000 and wage from Germany amounting to € 15.000. You owe German tax on the German income and are entitled to double tax relief in the Netherlands. Therefore, the relief is: € 15.000/€ 30.000 x € 2.000 = € 1.000.


Setoff method


When using the setoff method, the foreign tax is set off against your income tax in the Netherlands. The foreign tax that is set off might, however, not be more than the proportionality limit. This is the relationship between the income that is not taxable in the Netherlands and the total income (from the Netherlands and abroad) multiplied by the calculated tax. This method applies to dividend, royalties and interest.

For example:
Your taxable income from work and home (box 1) is € 100.000. Suppose your calculated income tax is € 18.000 in 2013. Your income consists of wage from the Netherlands amounting to € 20.000 and wage from Canada amounting to € 80.000. You owe Canada € 8.000 in tax on the Canadian income and are entitled to double tax relief in the Netherlands.

The proportionality limit is € 80.000/€ 100.000 x € 18.000 = € 14.400. In this case, the amount of the foreign tax is not higher than the proportionality limit and € 8.000 is therefore set off against your income tax in the Netherlands.

This article is to inform you about the avoiding of double taxation. If you have any further questions, do not hesitate to contact a tax lawyer and/or the Belastingdienst in the Netherlands.

business

By Mr. Mohamed Hajjari, LL.M.

Pictures: Filmagen




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