Netherlands – A new tax exempt working from home allowance

Posted on 3rd January, 2022
 | 

Estimated reading time 3 minutes

Since 1 January 2022, employers can provide a tax exempt ‘working from home allowance’ of EUR 2 per working day. The allowance is intended to cover any additional expenses incurred when working at home (heating, coffee/tea etc.). This working from home allowance will not need to be deducted from the employer's tax-free allowance as part of the employment costs scheme (werkkostenregeling), or be taxed at the final levy rate (eindheffingstarief) of 80%.

Fixed allowances

Employers can also provide a fixed working from home allowance which can be determined in a similar way to the (current) statutory system for fixed commuting expense allowance. The employer may apply the working from home allowance for 214 days if an employee works at least 128 days per calendar year from home (all numbers to be prorated if the employee will work from home less than five days a week).

One important aspect of this new legislation to remember is that the working from home allowance and a commuting expense allowance cannot be claimed at the same time (that is, on ‘hybrid’ working days). The legislator considers it undesirable for an employee to receive both an exempt working from home allowance and an exempt commuting expense allowance on the same day. For this reason, the allowance may turn out to be quite burdensome and inflexible to apply in practice.

Find out more

This article was produced by Karin Chung, Tax Adviser at Loyens & Loeff, the Netherlands, a CELIA Alliance member firm.

For further information or if you have any queries relating to the content of this communication, please contact us.

CELIA Alliance
CELIA Alliance members are identified here. Members of the CELIA Alliance are each independent law firms and do not practice law jointly with any other member of the CELIA Alliance. "CELIA Alliance" and "CELIA" are not trading names. For more information about the CELIA Alliance click here.

Disclaimer
Content is for general information purposes only. The information provided is not intended to be comprehensive and it does not constitute or contain legal or other advice. If you require assistance in relation to any issue please seek specific advice relevant to your particular circumstances. In particular, no responsibility shall be accepted by the authors or by Abbiss Cadres LLP for any losses occasioned by reliance on any content appearing on or accessible from this newsletter. For further legal information click here.

Circular 230 disclosure
To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Copying
If you would like to copy or otherwise reproduce this article then you may do so provided that: (1) any such copy or reproduction is for your own personal use or if it is made available to any third party it is done so on a free of charge basis; and (2) the article is reproduced in full together with the contact details, disclaimer and any logos as they appear on each article.