The Dutch state secretary of finance announced that he will amend the Dutch wage tax law. The amendment will remove the fictional employment for members of the supervisory board and shall come into force at January 1th, 2017. As from January 1th, 2017 members from the supervisory board will not be liable to Dutch wage tax.
The state secretary will anticipate on the upcoming amendment of the law with a decree. The decree shall come into force at May 1th, 2016. With the decree, withholding of wage tax over the remuneration for a member of the supervisory board can be suspended when both the employer and the member of the supervisory board agree.
If you are a member of the supervisory board and currently using a 30% ruling decree it could be wise to stay liable to Dutch wage tax in order to maintain the 30% ruling decree. In order to stay liable to the Dutch wage tax after January 1th, 2017 members of the supervisory board will have to use the opting-in option.
Are you a member of the supervisory board and do you want to know more about the 30% ruling and the opting-in option? Please contact us for personal advise.