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Can I receive a golden handshake on my personal account and then transfer it to a Stamrecht BV?

Question:

I will receive a golden handshake of around € 25,000. I am a non Dutch speaking international sales person, and finding it almost impossible to find another role. My partner company has confirmed that we will be in the Netherlands for the next 10 years. I would like to buy into a business or set one up with the golden handshake money. 

My company wants to pay the money immediately. Could I claim the 52% tax back, to start my business?

Answer:

The golden handshake can only be paid tax free if the money is directly deposited to a Stamrecht BV (or to the insurance company/bank in case of a stamrecht savings account). If the money is transfered to your personal account first then your employer has to withhold 52% tax. The withheld tax can‘t be claimed back if you transfer the money to a Stamrecht BV later. 

So it is absolutely important that you have a (signed) agreement with your employer which states that the handshake will be paid out according to the way you would like to receive it, even if it means that the employer has to wait  1 or 2 months. 


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Comments (2)
Comment by Tugrul Temel on Wed, Jan 27th, 2016 at 5:05 PM
Dear sir/Madam, I have the following issue I need to address: 1) Recently the Court decided in my favor that my ex-employer has to pay me X-amount of money to compensate all the loss and sufferings due to loss of job. However, my employer went bankrupt and I was not able to receive the money from my employer. 2) Later on, one of the organizations with which my ex-employer had direct links (not legally though) offered me Y-amount (half of X-amount) of money to settle the issue with my employer. I accepted the Y-amount. 3) The Y-amount was transferred to my business account. My question: 1) do I have to pay tax over the Y-amount? 2) If so, can I show it as a business income and pay business tax rate. 3) If so, do I have to show the transfer as an employment income, would it be proper? Thanks in advance for your answers. Tugrul
Comment by Arjan Enneman on Tue, Feb 2nd, 2016 at 11:59 AM
It doesn‘t make a difference whether the redundancy payment is paid to your personal or business account. The payment will be taxed. It is treated as income from employment since it was related to your contract with your ex-employer. It has nothing to do with your business. So although the payment was made to your business account it will not be seen as business income by the tax authorities if they would audit your administration.
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