Pensions – lump sum payment allowed as from 2022

Posted on 2nd January, 2021
 | 

Estimated reading time 3 minutes

Contrary to most European countries, accumulated pension capital cannot be paid to an employee in a lump sum under Dutch law. Accumulated pension capital must be paid in lifelong annuities from the retirement date.

In order to give employees more freedom on how to use their pension capital, the Dutch Government has now proposed to allow lump sum payments to a certain extent. To this effect, a bill has been submitted with Parliament that allows for a lump sum payment equal to a maximum of 10% of the accumulated pension capital. Employees may elect to take this lump sum upon reaching their retirement date under the occupational pension plan, or in the February of the calendar year following the year the employee reached the statutory retirement age for thestate pension. It should be noted that any lump sum payment is subject to the regular personal income tax rates. As a result of the introduction of the partial lump sum payment, Dutch pension plans will likely become more attractive for expatriate employees who start working in the Netherlands.

It is expected that the bill will be adopted in Q1 2021. As a result, lump sum payments will become possible  from 1 January 2022.

No action is required by employers. Pension providers will notify employees directly at least three months before reaching the standard retirement age.

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.