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HTMLTax Plan 2012 Adopted By the House of Representatives
Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
December 2, 2011, previously published on November 2011
The House of Representatives has adopted the Tax plan 2012, on November 17, 2011. However, some changes to the plan have been introduced. One of the amendments relevant for employers and employees relate to the 30%-ruling.

 

HTMLSave As You Earn Schemes Abolished
Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
November 3, 2011, previously published on October 2011
Under the current Save As You Earn schemes, employees can pay an amount out of their gross salary, up to € 613 per year, into a blocked savings account. The blocked savings will not be taken into account for the taxable basis for savings and investments (Box III). After four years, the...

 

HTMLApplication Reduction Rule 30%-Ruling for Literally Residing In the Netherlands
Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
November 3, 2011, previously published on October 2011
If an employee who is hired from abroad is granted the 30%-ruling, he can benefit from this ruling for a period of maximum 10 years. However, if the foreign employee has either stayed in or was employed in the Netherlands before, the term of the 30%-ruling will be reduced by this period of earlier...

 

HTMLInterim Evaluation Work-Related Expenses Scheme
Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
November 3, 2011, previously published on October 2011
The state secretary of Finance has sent a letter to the House of Representatives with respect to the result of the interim evaluation of the work-related expenses scheme. Approximately 10% of employers have introduced the work-related expenses scheme in 2011 — it appears that everyone is not...

 

HTMLKilometer Record Minor Private Use Company Car
Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
October 3, 2011, previously published on September 2011
If an employee has a company car that he also uses for private purposes, he must take an addition to his taxable income into account. The employee has received the private benefit of the company car, on which the is tax due. However, when an employee can prove that he has driven no more than 500...

 

HTMLTax Plan 2012
Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
October 3, 2011, previously published on September 2011
The Tax Plan 2012 contains measures to simplify the tax system, making it more solid and fraud resistant. The government’s goals include: abolishing seven state taxes, replacing the “save-as-you-earn” and “life-course savings” schemes with the Vitality saving schemes,...

 

HTMLNo Periodic Payment Entitlement Exemption Incase of Buy off Labour Condition
Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
August 3, 2011, previously published on July 2011
The Wages and Salaries Tax Act exempts wages from taxation if it regards entitlements to periodic payments as a substitute for lost wages. In order to qualify as lost wages according to the case law of the Supreme Court, an employee is required to be able to actually claim the wages; an expectation...

 

HTMLPenalty Payments Form Wages
Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
August 3, 2011, previously published on July 2011
The legislature uses a very broad definition of wages. Wages include everything that has been derived from present or past employment. Case law however, identifies three essential criteria for the term wages. There needs to be a benefit. The benefit needs to be derived from employment. The benefit...

 

HTMLPersonal Liability and Negative Wages
Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
August 3, 2011, previously published on July 2011
If an employee has received wages that he is not entitled to, and he returns the wages to his employer, the amount, for tax purposes, is to be regarded as negative wages. The employer may deduct the amount from the wages paid so that wage tax is only withheld from the remaining balance. If the...

 

HTMLUpfront Agreed Upon Redundancy Payments
Eugene Weultjes; Greenberg Traurig, LLP;
Legal Alert/Article
August 2, 2011, previously published on July 2011
On July 8, the Dutch tax authorities published a Q&A regarding the use of the periodic payments entitlement exemption for upfront agreed upon redundancy payments.

 


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