The 2025 Netherlands Tax Budget: September 17, 2024
Under certain conditions, foreign incoming international employees may qualify for the expat scheme called the 30% ruling. When applicable, up to 30% of the salary from current employment can be reimbursed tax-free. This flat-rate reimbursement is intended to cover additional costs that these employees incur while working in the Netherlands, such as housing and living expenses. The objectives of the ruling is to attract scarce and skilled workers, maintain an attractive and competitive business climate in the Netherlands, and reduce administrative burdens for employers and employees.
Since January 1, 2024, the 30% scheme will be gradually reduced after 20 months. For the first 20 months, up to 30% of taxable salary, with a cap of 30% of the so-called WNT norm (2024: €233,000), can be reimbursed tax-free. In the subsequent 20 months, the scheme can only be applied up to 20% of taxable salary. The following 20 months allow for a maximum of only 10% of taxable salary. After 60 months, the maximum duration of the 30% scheme is reached. This reduction received substantial criticism from the business community, prompting a motion to seek an alternative, based on the evaluation of the 30% scheme, that would be less harmful to the business climate.
30% ruling becomes 27% ruling
In the cover letter of the 2025 Tax Plan, it was indicated that additional measures would be introduced through amendments that could not be included in the 2025 Tax Plan package. A second amendment will retract the 30-20-10 reduction before it is practically implemented.
However, from 2027, a different reduction will take place. The maximum percentage that can be reimbursed tax-free will be reduced to 27% for the entire period of up to 60 months. For 2025 and 2026, the maximum flat-rate for all incoming employees remains at 30%.
Increase of Salary Norm for 30% Ruling
To cover part of the cost of reversing the reduction, the salary norm will also be increased via amendment. As of January 1, 2027, the salary threshold for applying the 30% scheme will increase from €46,107 to €50,436 (based on 2024 amounts, to be indexed annually). For employees under 30 years old with a master’s degree, the salary norm will increase from €35,048 to €38,338 (also based on 2024 figures, subject to annual indexing).
Transition Arrangement for 27% Ruling and Increased Salary Norms
A transition arrangement will apply for employees already having obtained the 30% ruling before 1 January 2024. The reduction to a maximum reimbursement rate of 27% and the increased salary norms will not affect these expats for the entire duration of the 30% scheme. If the 30% scheme is interrupted, the transition arrangement no longer applies.
Possibility of Reimbursing Actual Extraterritorial Costs
Due to the reduction of the maximum reimbursable percentage from 30% to 27%, it is slightly more likely that the actual costs associated with working in the Netherlands may exceed the tax-free reimbursable percentage. In such cases, it is still possible to reimburse the actual extraterritorial (ET) costs instead of using the flat-rate allowance. Employers must be able to substantiate these costs, and they must be tracked per employee in the payroll administration. The choice between applying the actual reimbursement or the flat-rate must be made in the first payroll period of each calendar year, except for the first four months of the first year of employment.
Abolition of Partial Foreign Tax Liability
Last year, a legislative proposal was adopted to abolish partial foreign tax liability as from January 1, 2025. Partial foreign tax liability allowed expats, under the expat scheme, to opt to be considered a foreign taxpayer for Box 2 and Box 3, despite having a tax residence in the Netherlands.
The abolition of partial foreign tax liability will to our regret remain in place. However, there is a transition arrangement for expats who were already using the 30% scheme before 2024. They can continue to use partial foreign tax liability until the end of 2026.
What Does This Mean for Your Organization?
Reversing the reduction of the 30% ruling is positive news for both expats and their employers, as well as for the implementation of the expat scheme. A fixed percentage for the entire duration of the expat scheme is easier to apply in payroll administration and provides more clarity and stability for expats. However, it is important to properly track and communicate which employees will be subject to the reduced 27% rate from 2027 and which employees, under the transitional law, will still benefit from the 30% rate and lower salary norms.
Note: The exact details of this adjustment will be announced during the week of October 21, 2024, through a Tax Bill. This bill may include changes compared to the information provided in the 2025 Tax Plan. We will update this article if necessary.