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Double tax agreement implications - working in the Netherlands and in the UK at the same time


Question:

I‘m a UK national. I work for a Dutch company full-time (40hrs per week) - 4 days here in NL, and 1 day from back in the UK (from my home there). I travel over to NL on a Monday morning and back to the UK on a Thursday evening - so only here in NL for 4 days / 3 nights - and back in the UK for 4 nights / 3 days. Based on UK income tax rules I appear to be a UK resident - but I‘m also being regarded as NL resident and pay all the taxes here. I obviously don‘t want to be paying two lots of taxes on the same income from the 2 countries so how does this work under the double tax agreement between UK and NL?

Answer:

This can be a complicated issue, I‘ll try to keep it as short as possible.

Residence

The double tax agreement creates certain tax consequences based on residency. Where one lives certain tax is paid. But where do you live? The agreement doesn‘t say that. Definitions in the tax agreement are further specified in the national legislation. This means that both UK and NL have laid down in their own tax laws when a person is considered to be living in the UK or NL. Based on the actual facts and circumstances the UK can see you as a UK resident, on the other hand the Netherlands can see you as a NL resident. If this happens it must be negotiated between both countries. But I don‘t expect this will be a problem in your case. I believe it is not a problem to convince the Dutch authorities that you have your permanent residence in the UK.

Taxation of income from work

Important is what will happen with your salary. Which country has the right to tax this income? The double tax agreement states that the country in which the work is actually done, has the right to tax the income. If we follow this rule, you will need to pay tax on the days you work in the Netherlands and pay tax in the UK on the days you work from home. Your employer did not want to make this decision and decided to keep the entire payroll administration in the Netherlands. In your income tax return you can still claim a deduction for your foreign workdays. This is possible since the UK is your main residence and will therefore tax your world wide income unless another country has a higher right to tax certain income. Based on the double tax agreement the Netherlands can only claim tax for the days you actually work here. So now you see that the place of living is important, besides the place of work. If you want to claim a deduction for the foreign work days it is important that you can proof that you worked in the UK and not in NL. This can be done by showing your employment contract or an addition to the contract in which is agreed that you work from home, more specific that you work from home on Friday‘s. If you also keep track of your flight tickets you can proof that you leave the Netherlands every Thursday and come back every Monday. A travel calendar is important. We have got one on our website.

Premiums social security


Other issue is the social security. Premiums are paid in the country where you work. If you work in two countries at the same time, premiums will be paid in the country where you live based on EU regulations (again your main residence is important). This is only different if the work in your home country is less than 25% of the time spent on work or money earned with the work. In that case all premiums will have to be paid in the country where your employer is based / the contract is arranged, i.e. the Netherlands. If you were already working from home before May 1, 2010 you will still fall under the old rules which means that it is enough that you work from home regularly, which can even be 1 day per month, to pay the premiums in the UK. But in that case the situation must not change. As soon as it does, the new rules are applicable.

Conclusion

Double taxation will be prevented by the double taxation agreement. Double premiums social security are prevented by EU legislation. But it is good to determine what is applicable in your personal situation and to file the Dutch tax return such that you do not declare more in the Netherlands than you have to.

Expatax can assist you with filing the Dutch tax return.

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Comments (44)
Comment by Frank on Mon, Jan 12th, 2015 at 5:06 PM
HI, i‘m a Brit working in Holland as a contractor, been there for 3 months. Can my dutch boss refuse to pay me until i give him an A1 form? This is the situation i‘m facing right now. Surely this cannot be legal? Any input is more than welcomed!!
Comment by Arjan Enneman on Wed, Jan 21st, 2015 at 3:46 PM
The A1 declaration would show that you are not insured in the Netherlands but in your country of origin and that you don
Comment by Craig on Fri, Mar 13th, 2015 at 11:58 AM
What if I live permanently in the Netherlands, am married to a Dutch National, share a mortgage on a property in the Netherlands BUT I do not work here. I part own a business with 2 other equal shareholding directors in the UK. I am employed by the company in the UK and am paid and taxed in the UK in GB pounds. But I work for the UK business remotely via Internet from my home in the Netherlands?
Comment by Arjan Enneman on Wed, Apr 8th, 2015 at 5:28 PM
Based on the tax treaty between the UK and NL you pay tax on your income from work in the country where the actual work is done. If you work remotely from home in the Netherlands then you must pay tax on the income in the Netherlands. You must pay yourself a salary as director/shareholder of a foreign ltd. This salary must also be at least 44,000 Euro annually. You should not pay tax in the UK on your salary. The Netherlands won‘t accept declaration of dividends if also salary can be paid to you instead.
Comment by Bernie on Wed, Sep 30th, 2015 at 1:39 PM
I will register as a resident in NL for tax working with an employer who does not allow 30 %tax rule .in UK I have been astride t and have paid no tax but I have savings in isas. Can they be taxed in NL?
Comment by Arjan Enneman on Thu, Oct 15th, 2015 at 8:28 AM
If you don‘t have the 30% ruling you will have to declare your world wide savings in your Dutch tax return (and possibly deduct the withheld foreign tax at source on dividends and interest). An exemption may apply if the foreign saving or investment would be tax free if it would have been kept in the Netherlands, like a real recognized pension plan. But this is very specific.
Comment by Stan Holcroft on Mon, Nov 30th, 2015 at 12:46 PM
I am a UK citizen, living in the Netherlands. I recently took a new job which I will start in january, for an American company. I will be paid into whichever account I want to because I can live where ever i wish. I am supposed to tavel 50% of the time in the countries of my area (Russia and ex-soviet areas, as well as Africa and China). I am hoping to spend 25% time in the Netherlands, 25% in the UK and the rest travelling in my areas. Can I pay tax in the UK, or will I need to continue paying in the Netherlands? I hope to move back to the UK within a year.
Comment by Arjan Enneman on Thu, Dec 24th, 2015 at 12:30 PM
You mention that you are living in the Netherlands. So that is where you declare your world wide income. If you work in another country you may have to pay tax in the other country too. Then it depends on the applicable tax treaty how double taxation is prevented. But starting point is that you pay tax in the country where you live.
Comment by Mariana on Tue, Jan 5th, 2016 at 11:15 AM
Hi, My husband is working in the Netherlands, whilst I am based in the UK. I travel to the Netherlands to stay with him regularly as I can work remotely. My intention is to live in the Netherlands alongside my husband but maintain my job in the UK - from what I have understood, I would be paying tax in the Netherlands but I‘m unsure how this would work. Would my salary be converted to Euros first, then taxed or would they take the straight value? In this case would I still have to declare any savings in the UK? Thanks!
Comment by Arjan Enneman on Wed, Jan 6th, 2016 at 4:04 PM
Once the center of your life is the Netherlands you will be treated as a full tax resident in the Netherlands. This may already be the case now since your husband is living here and you are also in the Netherlands regularly. You will have to declare your world wide income in your Dutch tax return. If you work in the UK, the UK authorities may also claim tax on the salary you earn there. If that is the case an exemption can be claimed for the income which is earned while you are in the UK. Officially income earned from home, is divided for taxation to the Netherlands. Your UK salary is indeed converted to Euro‘s first and then taxed in NL. This converted amount is also used to claim the exemption. If you are resident in the Netherlands you also have to declare your world wide savings in your Dutch tax return.
Comment by Bernard McMahon on Fri, Jan 22nd, 2016 at 12:18 PM
Hi, I would like to get a permanent position for a UK company but live in the Netherlands and work remotely from there, on occasion I would then need to travel to the UK (lets say 30 days a year). Firstly it looks like I will be paying tax in the Netherlands mostly and possibly some in the UK, and that a dutch accountant will be able to sort this out. However I am wondering about the contract, would the UK company find it easy to give me a permanent contract when I live in the Netherlands? Thanks Bernard
Comment by Dj on Sun, Jan 31st, 2016 at 10:21 PM
Hi, I am uk resident but have been offered employment in Netherlands under the 30% rule, I intend to come back to the uk every weekend Friday night to Monday morning and for my holiday entitlement around 30 days, will this have any tax implications if I am not working in the uk?
Comment by Arjan Enneman on Mon, Feb 1st, 2016 at 4:17 PM
@Dj: Since you only work in the Netherlands your income from employment is taxed in the Netherlands. In the UK you will have to declare your world wide income and claim an exemption for the Dutch income from employment. There is no tax implication with respect to the Netherlands if you go back to the Netherlands every weekend and holiday. You are considered a non resident for tax purposes in the Netherlands.
Comment by Arjan Enneman on Tue, Feb 2nd, 2016 at 12:13 PM
@Bernard SInce you will mainly work in the Netherlands your UK employer should indeed set up a payroll administration for you in the Netherlands. Expatax can assist with that. The UK employer can offer you a permanent contract under Dutch law. Whether they do that depends on their own policies. That is something you may want to discuss with them.
Comment by Chaira Mercuriali on Mon, May 9th, 2016 at 4:42 PM
Hello, Me and my fiancee€™ are moving permanently to Netherlands. I am currently employed in UK and I have agreed with my manager to keep my job, working remotely from Amsterdam, coming back to London once per month just for 2 days catch up. Now the company I work for here in London, doesn’t have a branch/daughter company based in Netherlands.How they would be able to set me up to work from home in Amsterdam? Am I able to get the permanent contract under the Dutch law, being paid in Euros, and paying taxes in Netherlands? Or is there the only way for me to work in Amsterdam as contractor?Or is there any other option I could consider? Many thanks for your advice. Chiara
Comment by Arjan Enneman on Mon, May 30th, 2016 at 2:57 PM
It is possible to continue your current contract under UK law. But it is also possible to agree a contract under Dutch law. Since you work in the Netherlands the principle right to tax your salary is divided to the Netherlands. The Netherlands can already tax your global income based on your residence in the Netherlands. Your UK employer doesn‘t necessarily have to set up a branch in the Netherlands, but a payroll administration will have to be set up for you here. Possibly it is possible to keep the payment of social security in the UK for some years but that may not be your goal. For info about Dutch payroll see www.expatax.nl/payrolling.
Comment by Matthew on Sat, Jun 4th, 2016 at 9:36 AM
Hi, I have just moved to the Netherlands from the UK (April) Working in NL with my family here. I have completed a P85 in the uk. However my new project might mean that I have to work more than 30 days in the UK, and therefore create a double tax position. I can‘t find any clear guidance on whether in HMRC‘s view the 56% tax I pay in holland is 56% (and therefore more than the 40% income tax I would pay in the uk) or if it‘s broken into 20% social costs and 36% income tax (therefore I would owe an additional 4% to the UK). I‘m currently trying to arrange my travel in a way that keeps my days in the uk to less than 30 per apr-apr period. Thanks for any help in clarifying how the double tax agreement works. Matt
Comment by Alex King on Fri, Jun 17th, 2016 at 9:32 AM
Hi I am a uk expat living in Holland as i am married to a dutch national and we own our house in the netherlands. I have been working for a dutch company for the past year but I have been offered a job back in London full time where they will fly me home each week. I will not be working in Hollland. What implications may I face as I am registered in Holland and am homeowner?
Comment by JG on Fri, Jul 22nd, 2016 at 11:07 AM
I have been offered a 3 month contract by a Dutch company, but am moving from NL to London and will be working from home. Should I register as a dual citizen? How do I keep my BSN? Should I only deregister at the end of the year once my contract has finished.
Comment by Richard D on Tue, Aug 2nd, 2016 at 2:04 PM
Hi, some really helpful advice on here, thanks. I am in a similar situation to a number of others above - I‘m a British national about to move to the Netherlands and become a Dutch resident. My UK-based employer will allow this as I can work remotely. My company does not have a Dutch branch, nor is there any real need for me to work in the Netherlands - it is a personal decision. However my company is prepared to add wording to my contract permitting me to work from the Netherlands. I understand that the UK and the Netherlands have a tax agreement and I pay income tax based upon where I was working - but my question is: who works this out, me (through self-assessment) or my employer? Will my employer be expected to pay tax directly to the Dutch government after i move, instead of the UK government? Many thanks for your help, Richard.
Comment by Arjan Enneman on Tue, Aug 9th, 2016 at 2:59 PM
@Richard: Your employer is responsible for the payroll administration. When you move to the Netherlands you will have to be transfered to the Dutch payroll administration. If you are the only employee in the Netherlands the Dutch payroll will have to be set up and your employer must be registered with the Dutch tax authorities as foreign employer and get a wage tax number. Your employer will not be liable for other taxes like corporate tax and VAT. The payroll administration can be outsourced to Expatax, but costs will be involved of course. See http://www.expatax.nl/payrolling.
Comment by Arjan Enneman on Thu, Aug 11th, 2016 at 12:20 AM
@Matthew. SInce you live in the Netherlands you will have to declare your world wide income in your Dutch tax return. If the UK wants to tax part of your salary which is related to work days in the UK then you can claim an exemption for this part of the salary in your Dutch tax return to prevent double taxation. I don‘t know how the UK will prevent possible double taxation. But if they don‘t treat you as a resident I don‘t expect that there will be double taxation from their side.
Comment by Arjan Enneman on Thu, Aug 11th, 2016 at 12:25 AM
@Alex: If you work in the UK then your salary will also be taxed in the UK. The netherlands will offer a full exemption since there are no work days in the Netherlands. Consequence though is that you will lose the benefit of the tax deduction of the mortgage interest for your house in the Netherlands since, roughly said, there is nothing to deduct it from. You may want to check whether you can deduct anything in the UK with respect to your house in the Netherlands. For the part of the year in which you worked in NL you can deduct the interest though, so for 2016 there may not be a problem (unless a lower tax rate is applicable due to the lower Dutch taxable salary), but this can be different for 2017.
Comment by Arjan Enneman on Thu, Aug 11th, 2016 at 12:27 AM
@JG: You may want to check with the UK authorities whether you need to register there. You will not lose your BSN while you are in the UK. The BSN is in principle valid for life. You can deregister in the Netherlands when you leave permanently.
Comment by Jawad on Sat, Aug 13th, 2016 at 1:19 PM
Hi Arjan, I am a Dutch resident and will be working in the UK fulltime. I will come back to my wife and kids, who remain in the Netherlands. I guess I have to pay income tax in the UK (since I meet the 183 days criterium) but need to pay income tax in the Netherlands as well, after deduction of the tax already paid in the UK? Or am I entitled to paying tax in the UK only? Thanks
Comment by Evgueni on Thu, Aug 25th, 2016 at 4:06 PM
Hi, In 2016 I am working and living in the Netherlands and at the same time I get compensation for a non competition clause from my previous job in France (but I do not work for that company anymore). I am paying social security contributions both on the income from France and from the Netherlands. If I understand correctly, in the Netherlands I need to file a tax return and state my worldwide income that includes the income from France and France should not tax this income as the work was not performed in France (according to the tax treaty)? Regarding the social security contributions, normally I should be paying them only in one place. Since I am a resident of the Netherlands now, I should be able to request not to pay social contributions in France on the non-competition compensation? Thank you in advance, Evgueni.
Comment by Monique D on Sat, Sep 17th, 2016 at 1:18 PM
I am a Dutch national, pursuing my PhD in the UK. I have a scholarship in the UK (non-taxed) and since this year am also earning taxable income in the UK for a research project. I am also going to earn in the Netherlands from Oct onwards, for work carried out in the Netherlands. The percentage split of this income for the UK tax year 15-16 is roughly 36% (tax free grant, UK), 46% (UK taxable), 18% income in the Netherlands. I have not been resident in the Netherlands for more than 7 years. For the past 3 years I used to split my time between the UK (< 6 months), the Netherlands (< 6months), and work related travel. I used to rent a room in the UK, and my partner and I own a house + mortgage - he has always covered all costs and claimed interest deduction against his salary. Since I used to have no income in the Netherlands, I never filed tax here. Since Aug this year I have cancelled my rent in the UK, but since I still travel a lot (to the UK and elsewhere), I am not a resident in NL (I am in NL < 6months per year, and the city‘s rules state I need to be resident for 8 months/year or more to be considered a resident) and am not registered. Can I file my NL income in the UK, where I am registered as a sole trader, and pay tax over there over all my income? Or do I need to file my NL income in NL as “niet kwalificerend buitenlands belastingplichtige”? And if so, will my partner’s interest deduction for the mortgage get split by half in that case?
Comment by Liz on Sat, Sep 17th, 2016 at 6:19 PM
Hi, I am a Dutch citizen currently doing a full time post-grad study in the UK. Due to my studies I live for almost the whole year in the UK. I also have an address in the Netherlands where I have an income. Where am I supposed to pay tax, as well as social security premiums?
Comment by Frank on Thu, Sep 22nd, 2016 at 10:27 PM
I am a German national with house, wife and kids living in NL for 5y and currently working for a Dutch company under the 30% rule. I‘ve got an offer from a US company who wants to setup an office in the UK for which I would work full-time but remotely from NL. I have no intention to move to the UK but I may consider moving to Germany since all I need is internet. I understand that I would have to pay taxes in NL since I am a resident but what about social security and the 30% ruling? What happens to the NL pension I‘ve paid into for the last 5y? What happens when I move to Germany?
Comment by Alain Nkurikiye on Sun, Oct 30th, 2016 at 9:36 AM
I got a job offer outside EU and my partner will stay in NL for a couple of months. I want to know if we will still be considered as tax partners. Do I still have to declare my tax in NL?
Comment by Arjan Enneman on Tue, Nov 8th, 2016 at 1:52 PM
@Jawad: Since you physically work in the UK, your salary is taxed in the UK. In your Dutch tax return you will have to declare your world wide income, so including the UK income. But you can claim an exemption again in the same tax return for the UK income to prevent double taxation.
Comment by Arjan Enneman on Tue, Nov 8th, 2016 at 2:00 PM
@Evgeni: Since you live and work in the Netherlands you only pay premiums social security in the Netherlands. So also on the compensation for the non competition clause which you receive out of France. Tax can be different. The compensation is related to a job you had in France. So France can argue that tax should be paid in France. That would also be my opinion. The Netherlands would then grant an exemption for the compensation to prevent double taxation.
Comment by Arjan Enneman on Tue, Nov 8th, 2016 at 2:13 PM
@Monique: You have to be resident in a country. You can‘t be stateless. If you work in the Netherlands, stay with your partner in a house you own together then based on the actual facts and circumstances you are (tax) resident of the Netherlands. If the center of your life is in the UK then you should register there. How income is declared depends on the type of income. If you are employed in the Netherlands then your salary is taxed in the Netherlands and not as income from selfemployment in the UK. If you own the property in the Netherlands together and you arranged the mortgage together with your partner then you each have to declare your part of the property/mortgage in your tax returns. This would only be different if you would both be tax resident in the Netherlands and are considered to be fiscal partners. Only in that situation it is possible to divide the whole deduction to one partner.
Comment by Arjan Enneman on Tue, Nov 8th, 2016 at 2:24 PM
@Liz: you pay tax in the country where you work (as employee) or in the country where your business is based (if you are self employed). You also have to declare your world wide income in the country where you live but you can claim an exemption for income which is taxed in another country (to prevent double taxation). If you are an employee in the Netherlands then your salary is taxed in the Netherlands and you pay premiums social security in the Netherlands. You can also argue that the Netherlands has remained the center of your life so that you also declare your world wide income in the Dutch tax return.
Comment by Arjan Enneman on Tue, Nov 8th, 2016 at 2:28 PM
@Frank: if you work in the Netherlands you will pay premiums social security in the Netherlands. A payroll would have to be set up for you in the Netherlands in order to keep the 30% ruling. If you move to Germany then your tax residence in the Netherlands ends (including the 30% ruling). Your pension will then be frozen (no premiums to be paid anymore, payments made to you from retirement age). If it is a real pension plan it is not possible to have it paid out to you as a lump sum. If you start a pension plan in Germany it may be possible to transfer the Dutch pension to your German pension. That will have to be discussed with the German pension provider and a German tax advisor.
Comment by Arjan Enneman on Tue, Nov 8th, 2016 at 2:33 PM
@Alain: it depends on where you will be living. If you come back to the Netherlands on regular basis to live with your partner then one can argue that you remained tax resident in the Netherlands although you have an address outside the EU. The country where you work can however decide differently and decide that you are full tax resident there. The tax treaty will not clarify this. The further from home, the less you come back to NL and the longer your stay outside the EU will be the quicker you will be treated as non resident in the Netherlands. If you are non resident you are not fiscal partners anymore. You would then not have to declare tax in NL anymore, unless you own a property in the Netherlands. Then you would have to declare your part of the property (and related mortgage).
Comment by EH on Sun, Jan 15th, 2017 at 11:44 AM
Hello. I am Dutch but lived and worked in the U.K. for the last 15 years. Since April 2016 I work in NL again in a 36 hours a week job. I live in both countries as I am in U.K. 10 days a month working from home so to speak. My husband and children are in the UK. What does this mean tax wise and for national insurance? I had to take a health insurance in NL. Thanks.
Comment by Arjan Enneman on Sat, Jan 21st, 2017 at 1:28 PM
You mention that you work from home 10 days per month. So you have split your work time between the Netherlands and U.K. 50/50. It may be that your Dutch employer has put you on their Dutch payroll administration entirely and not split the payroll between the Netherlands and the U.K. 50/50. Question is whether that is correct based on the tax treaty between NL and UK. Based on the actual situation where you live 100% in UK and work 50% of the time in the UK, you would remain insured for national insurance in the UK for 100% (which means that you wouldn‘t need a Dutch health insurance) and pay tax in the UK on your UK work days. For both issues your Dutch employer would have to set up a payroll administration in the UK (depending on how this is organized in the UK). That would make it more complicated for your employer but formally it would be the correct solution based on the actual situation. Right now the argument from your employer could be that nobody will know about the days you work from home but that is legally not correct.
Comment by Jerome Cassar on Mon, Jan 23rd, 2017 at 1:25 PM
Hi, I am Maltese and I have been living in the Netherlands for 2 months now. I work remotely with a Maltese company. I am under the impression that now i need to start paying my taxes here as a self employed. The reason I was told is because the company I work with does not have any presence here in the Netherlands (not registered) so I will need to issue invoices to the company. and they pay me. Can someone let me know if i am on the right track? Many thanks Jerome
Comment by Arjan Enneman on Tue, Jan 24th, 2017 at 2:33 PM
Freelancing is an option, especially if you can arrange your own time and decide how you do your work. See www.expatax.nl/freelancer. Othwerise the Maltese company would have to set up a payroll administration for you being their employee in the Netherlands. See www.expatax.nl/payrolling.
Comment by julia on Wed, Jan 25th, 2017 at 8:28 PM
Hello. I am a British citizen, employed by a UK company, paid in pounds with a mortgage in London, living in this property. I spend approx 50% of my time in the Netherlands due to my client being based there and I hold an apartment lease here also. I only pay tax in the UK, however should I be paying in the Netherlands also? And in which case, do I get the 30% ruling? Also if I‘m paying tax in the Netherlands, do I get tax back from the UK? What is the process to do this? Do I need to file a tax return in both markets?
Comment by Christiaan on Mon, Jan 30th, 2017 at 9:58 PM
Hi, I worked for a Dutch company for 7 months while I was based on the rigs. I paid Dutch tax and social premium through my Dutch employment. As I was UK resident all that time and worked for less than a 183 days.Should I have been paying the social premium tax? I never lived in the Netherlands.
Comment by Arjan Enneman on Tue, Sep 19th, 2017 at 1:39 PM
@Julia You can remain on UK payroll. If your employer has no branch in the Netherlands you can continue to pay tax in the UK if your stay in the Netherlands doesn‘t exceed 183 days in a year. You can already remain insured for national insurance in the UK based on an A1 statement. If you stay more than 50% of the year in the Netherlands then a Dutch payroll will have to be set up for your Dutch working days. That is what Expatax can arrange. See www.expatax.nl/payroll-administration.
Comment by Arjan Enneman on Tue, Sep 19th, 2017 at 1:43 PM
@Christiaan: you indeed had to pay tax in NL since the rig is a permanent establishment in the Netherlands for your employer. Social security premiums can be paid in the UK if you were transfered from the UK to the rig (in Dutch waters). But if you work directly for a Dutch company then that is not possible and you pay social security in the Netherlands.
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