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Measures for enterpreneurs – Tax Plan 2022

19 oktober 2021 | Door:  Matthijs van Dorssen

Enterpreneurs and limited companies will have a higher tax benefit on sustainable investments. The rates of the environmental investment deduction (MIA) will increase. Major shareholders of innovative companies may still use the exemption on the customary salary in 2022.

Increase in environmental investment deduction (MIA)

If you invest in environmentally friendly assets, it is possible to take advantage of the environmental investment deduction (MIA). The eligible assets are published annually in the Environmental List (Milieulijst).

Tip: The environmental investment deduction can usually be used in combination with the small-scale investment tax credit (KIA). That means you can benefit from two types of investment tax credit for a single investment.

Three percentages currently apply to the environmental investment deduction: 13.5%, 27% and 36%. From January 1st 2022 these will be increased to 27%, 36% and 45% respectively. With this increase the government hopes to encourage companies to invest or continue investing in environmentally friendly assets.

Please note: The percentage to be applied for the environmental investment deduction differs depending on the type of investment. For some investments the MIA is also capped. Would you like to take advantage of the environmental investment deduction? If so, please contact one of our advisors. We will be happy to help!

Reduction in customary salary for innovative start-ups extended by a year

In 2022 it will remain possible for directors/major shareholders (DGAs) of innovative start-ups to apply a reduction to their customary salary. This will help to improve their liquidity position.

Originally, this scheme was due to expire on January 1st 2022, but this end date has been pushed back one year, as the evaluation of the measure has not yet been completed. It is also possible that the scheme will become permanent in the event of a positive assessment. 

Further increase in addition to taxable income for electric car

The addition to taxable income for the private use of electric cars has been increasing incrementally for a number of years. With effect from January 1st 2022 this addition will be 16%. It was 12% in 2021. The maximum list price on which this lower addition is applicable (the ‘Tesla tax’) is being reduced from 2022. Is the list price of the vehicle more than € 35,000? In that case the normal addition of 22% will apply on the amount above this figure.

Over the coming years the addition will be increased further, rising to 17% in 2025 and 22% in 2026. In addition, the maximum list price up to which the lower addition is applicable will be reduced to € 30,000 from 2023. The addition percentage will be fixed for a five-year period, from the first day of the month following that in which the vehicle first enters use.

Tip: Do you intend to purchase an electric car? If so, make sure it is first registered in 2021. In that way you will make sure you benefit from the lower addition for private use of the car for five years.

Exemption from profit for fixed costs subsidy and subsidy to finance fixed costs of start-up SMEs (TVL scheme)

The Contribution for Entrepreneurs in Sectors Affected by COVID-19 scheme (TOGS) (received in 2020) and its successor, the Reimbursement of Fixed Costs for SMEs scheme (TVL), have ensured that companies affected by the coronavirus crisis could receive a contribution towards their fixed costs. In principle, the compensation received on the basis of this scheme is part of the company’s profit. This is not a desirable situation. As was the case last year, the exemption for the TVL subsidy will be laid down in law.

Simplification and clarification of system for R&D tax credit application

In 2019 the Promotion of Research and Development Act (WBSO) was evaluated and it was recommended that the system used for submitting and granting R&D tax credit applications be simplified and shortened. A number of changes are therefore being made to further simplify the application, notification and settlement system and make this more flexible. In addition, it has been clarified that only costs and expenses that are covered by an application and for which a tax deduction for R&D work has been granted may be included in the notification.

One Stop Shop (OSS) arrangement in the event of negative turnover (import)

Earlier this year new e-commerce rules were implemented. These rules are being relaxed for situations in which negative VAT is declared.

In certain situations a foreign VAT-registered business may realise negative turnover on distance sales to the Netherlands. Such a situation may arise, for example, if a VAT-registered business from another EU Member State carries out distance sales and over the tax period the returns received exceed the goods supplied. In such a case the OSS return would result in a VAT refund.

Until recently it was unclear whether in such situations a refund application also had to be made via the EU portal. The State Secretary for Finance has indicated that this is not the case in the Netherlands. The Dutch Tax and Customs Administration must handle a negative (I)OSS return as a refund application. This will save the foreign business a great deal of administrative hassle, as there will be no need to submit a separate refund application. This relaxation is being introduced with retroactive effect from July 1st 2021.

Please note: The above only applies in a situation where a VAT-registered business from another EU Member State is entitled to a refund of Dutch VAT. Additional attention is always needed in the case of Dutch VAT-registered businesses that end up with a negative figure (refund) in another EU Member State. Not all EU Member States have yet clarified how ‘foreign VAT’ on returns should be reclaimed. This ‘relaxation’ therefore mainly benefits VAT-registered businesses from other EU Member States.