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Update on the 30% expatriate ruling – the current proposed changes

Geplaatst op Wednesday November 6th, 2024

Please note: the legislation explained below is not yet enacted in law and is still pending.

Summary

The so-called 30-20-10 % adjustment to the ruling will be revoked as per 1 January 2025. Instead, the 30% ruling will be decreased to a 27% ruling, and the salary norms will become higher as of 1 January 2027.
There is specific transitional legislation to be considered in the future.

  1. From 30% to 27% ruling (maximum tax-free allowance)

This change will take effect on January 1, 2027:

  • Up to 30% tax free allowance will remain in effect for 2025 and 2026.
  • As of 2027: there will be a distinction between employees who utilized the 30% ruling before January 1, 2024, and those as of 1 January 2024.
  1. Increased Salary Norm

New salary norms will also come into effect on January 1, 2027.

This adjustment will apply to employees starting to use the 30% ruling from January 1, 2025.

Overview of Employee Groups from January 1, 2027

By this date, we will have three distinct groups of employees in view of the transitional legislation

Start date using the 30% ruling   2025 and 2026      From 2027
By December 31, 2023   30% and current indexed salary norm      30% and current indexed salary norm
In 2024   30% and current indexed salary norm      27% and current indexed salary norm
From January 1, 2025   30% and current indexed salary norm      27% and new indexed salary norm

 

Salary Norms from January 1, 2027, onwards

  • General Norm: Increases from €46,107 to €50,436 (2024).
  • Under 30 with a master’s degree: Increases from €35,048 to €38,338 (2024)

Please note that these amounts will be indexed annually, meaning they are likely to increase further due to adjustments.
As a reminder, the fiscal wage after applying the ruling (27% or 30% tax free allowance) must exceed these salary norms.

Cap on the application of tax-free allowance on this ruling

A further reminder on this topic. There is salary cap to consider when applying the tax-free allowance in the payroll:
Maximum salary base for the 30% ruling: EUR 233,000  (2024)/max tax-free allowance: EUR 69,900 en in 2025: EUR 246,000 (maximum tax free allowance: EUR 73,800)

Transitional period:

However, a transitional arrangement applies, on the basis of which this limitation to the 30% facility only takes effect as from 1 January 2026, for employees on whose wages the 30% facility was already lawfully applied in the final salary period of 2022.

Repeal partial non resident taxpayer status as per 1 January 2025

Currently, employees in The Netherlands who have been granted the 30% facility, can opt for the so-called partial non-resident taxpayer status. This status enables the employees (and their fiscal partners) to be treated as non-resident taxpayers, for the purposes of Box 2 (income from a substantial interest) and Box 3 (income from savings and investments), even if they reside in The Netherlands. Based on legislation enacted in 2024, as of 1 January 2025, this status will be repealed. This change is not revoked by new legislation. Employees who have a valid 30% facility grant and have applied the 30% facility during the final wage period of 2023 (i.e. normally December 2023), may retain the partial non-resident taxpayer status until 1 January 2027.

Conclusion
Employers need to make sure that the employees are aware of the changes as this may impact their net salary.
Employers using a net salary agreement should be aware about the impact on the total salary costs.

If you have any questions or need further clarification, feel free to reach out!

Source: Ramingstoelichting 30_ regeling 2e NvW BP25.pdf and

Tweede NvW BP25 .pdf

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