Dutch Severance Payment Tax Analysis for International Employee

FirmNL analysed the employee’s tax residency, employment history, and applicable double taxation treaties to determine whether the Netherlands had taxing rights over the severance payment.

Industry
Energy / Global Solutions
Provided Services
Tax analysis, Double taxation treaty assessment, Submission to Dutch Tax Authorities
Timeframe
Analysis and submission completed within 2 weeks to expedite the payment process.
tax analysis for severance payment

Challenges in Dutch Severance Payment Taxation for International Employees

The key challenge was determining whether Dutch wage tax withholding applied to the severance payment of an international employee who had not lived or worked in the Netherlands for several years.

Dutch Wage Tax Withholding on Severance Payments

Under Dutch law, severance payments are typically subject to wage tax withholding, which can be as high as 49.5%, significantly impacting the net amount received.

Application of Double Taxation Treaties

Navigating the complexities of double taxation treaties was essential to determine the correct tax treatment.

Avoiding Incorrect Dutch Tax Withholding

Without proper analysis, the major energy company risked withholding excessive tax, leading to liquidity issues and administrative burdens for both the employer and the employee.

Ensuring Correct Tax Treatment for Severance Payment

FirmNL analysed the employee’s tax residency, employment history, and applicable double taxation treaties to determine whether the Netherlands had taxing rights over the severance payment.

Assess tax residency and employment history
Develop a technical tax position based on treaties and Dutch law
Submit a formal ruling request to the Dutch Tax Authorities
Map of Europe highlighting the Netherlands with Dutch wage tax withholding and no withholding required for severance payment scenario

Expert Tax Analysis and Consultation

FirmNL provided the employee with a comprehensive analysis of their tax position, ensuring that the correct treatment of the severance payment was applied.

Employment History & Tax Residency Analysis

FirmNL meticulously reviewed the employee's employment history, confirming that they had not lived or worked in the Netherlands for several years.

Technical Tax Position Based on Treaties

Based on the analysis, FirmNL developed a robust technical position, leveraging applicable double taxation treaties to support the case.

Submission to Dutch Tax Authorities for Confirmation

FirmNL submitted a formal request to the Dutch Tax Authorities, confirming that no wage tax withholding was necessary, thus facilitating the correct processing of the severance payment.

Hear It From Our Clients

FirmNL provided clear guidance and handled the matter efficiently, helping ensure the correct tax treatment of the severance payment.

Anonymous Client
Former Employee of a Global Energy Company

Confirmation of No Dutch Wage Tax Withholding

Following FirmNL’s analysis and submission, confirmation was obtained from the Dutch Tax Authorities that no Dutch wage tax withholding was required.

successful team celebrating tax resolution
Ensured correct payroll processing of the severance payment
Avoided unnecessary tax withholding and liquidity impact
No Dutch wage tax withholding required, ensuring full net payment

Real Results: How FirmNL Helped Companies Grow

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FirmNL made Sportsfolio LLP VAT-compliant in the Netherlands

We contacted FirmNL for fiscal representation to trade our hunting prodcuts across Europe. Despite some delays early on, hey stepped in direectly with tax authorities to handle application and refund issues concering the government security deposit and resolved everything. Thanks to their help, we now impoort an export smoothly across the EU -- fully compliant and benefit from Article 23 VAT deferment -- all without setting up a local BV. Highly professional and solution-orientated.

Dave Packer
Manager at Sportsfolio EU LLP
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