New for entrepreneurs: Legislative changes as of 1 January 2024

On January 1, 2024, sixteen new laws/legislative changes will come into effect that may have consequences for your company's tax situation. Our sister company Lupacompany has published information about these changes in a previous newsletter: it details what to expect as a result of the 2024 tax plan. below you will find a list of the final legislative changes that have been made for business taxes and levies:

fiscal changes 2024

Business succession and takeover

Regulations for the takeover of a company, Business Succession (BOR) and the transfer arrangement Scheme (DSR) only apply to business assets. Assets from the rental of real estate are no longer covered by the scheme. In 2025, OOM investment assets and business assets of more than € 100.000 that are also used privately will be excluded from the BOR and DSR.

Profit exemption

The profit exemption for self-employed persons and SMEs on income tax will be reduced from 14% in 2023 to 12.7% in 2024. Entrepreneurs will therefore pay more tax on their profits.

Donation exemptions

The deduction of donations from corporate income tax will change. As of 2024, making donations to an ANBI/SBBI will no longer be seen as a disguised profit distribution. As a result, these donations are no longer taxed (in income or dividend tax) and are no longer deductible from the profit (in the corporate income tax).

Box 3 tariffs

The income tax rate in Box 3 has been increased from 32% to 34% , coming into effect on the 1st January. At €57,000, the tax-free allowance in box 3 remains the same as last year.

Third-party account

Money from entrepreneurs (self-employed, general partnership, CV and MTS) in a third-party account at a notary's office or law firm will now be seen as bank balance for tax purposes, instead of an investment. As a result, this credit is less heavily taxed.

Please note: this regulation will take effect retroactively on 1 January 2024. The lower tax rate is already applied to the 2023 tax return. This can make a significant difference: The rate charged for the past year on funds in a third-party account is not 6.17%, but 0.36%.

Reinvestment reserve

The reinvestment reserve (HIR) allows you to postpone the payment of tax on profits from the sale of business assets under certain conditions. As of 1st January, this rule also applies to entrepreneurs who halt part of their business as a result of government measures. They can use the reserve to make a new investment in another company.

Caribbean Netherlands

As of the new year, the tax system in Bonaire, St. Eustatius and Saba has been brought more inline with the Dutch tax system. Is your company based in the Caribbean Netherlands? Then you can read here what the changes entail.

Fees for objections to WOZ and bpm

As of 1st January, the municipality or tax authorities will pay legal costs for objections to WOZ and bpm provisions directly to the objector and no longer to the objection agencies.

Energy investment deduction

The deduction scheme for investments in energy-saving/sustainable business assets (EIA) will be extended until 2029. The deduction percentage will be lower in this period than it was previously: it will decrease from 45.5% to 40% in 2024.

Public transport card

From 1st January 2024, employers will be allowed to reimburse or issue a (partially) for business public transport card to an employee, exempt from income tax, Even if the employee uses the card for private travel.

Excise duty on alcohol

Entrepreneurs who sell alcoholic beverages will see an increase in excise duty of 16.2% as of 2024.

Self-employed person's deduction

The amount that you can deduct from your profit as a self-employed person will also be subject to an annual reduction in 2024. In 2024, the threshold amount will be €3,750. In 2023, this was €5,030.

Reimbursement of travel expenses

As of 1st January, employers may reimburse employees up to € 0.23 per kilometer as a travel allowance tax-free. Self-employed persons can deduct the same rate from their profits for kilometers travelled for business.

Income tax reduction

Entrepreneurs paying income tax who previously received a payment discount when they paid their provisional assessment in one go, (instead of several instalments) are no longer entitled to this discount. The payment discount on the provisional assessment expired on 1st January.

Box 2

From 2024, Box 2 for income tax will have two separate rates for partners, directors and major shareholders with a substantial interest (> 5% shares. From now on, a basic rate of 24.5% will be applied for income up to € 67,000. Income above this amount will be subject to a rate of 31%.

New withholding tax

Money flowing from or via the Netherlands to so-called 'tax havens' will be taxed with a new withholding tax as of 1 January.

Not fiscal, but relevant

In addition to tax changes, other laws have also been amended and introduced that may affect you as an entrepreneur:

Establishing a private limited company

As of 1st January, it is possible to set up a private limited company online. A physical visit to the notary is no longer mandatory.

Environment and Planning Act

As of 2024, environmental law will be incorporated into the Environment and Planning Act: In order to make it easier and faster to apply for a permit. 26 previous laws relating to space, housing and infrastructure, among other things, will be brought together in one overarching Environment and Planning Act.

Sustainability

In the field of climate and sustainability, we see a number of striking changes as of 1st January. For example, if you have more than 100 employees, you must report annually on the business and commuting traffic of your staff. Listed companies/large companies will also have to report on their sustainability policies.

Minimum wage

The Minimum Wage and Minimum Holiday Allowance Act has been amended: instead of a statutory monthly wage, a statutory hourly wage will be mandatory. This makes the minimum wage per hour the same for everyone, regardless of the number of hours worked.

30% ruling

If you hire a foreign employee with a specific talent or expertise, it is no longer possible to reimburse his or her costs for a move to the Netherlands tax-free indefinitely. This means relocation costs that are reimbursed tax free, are limited to a maximum. This maximum amount depends on the way in which the top income in your specific sector is standardized. As of 2024, you are allowed to pay no more than 30% of this standardized number. (In most cases this is 30% of € 233.000). You can check the top income in your sector here (in Dutch).

State pension age

On 1st January 2024, the state pension age was raised to 67 years.

Find out more

If you want to know more about the (tax) rules for entrepreneurs as of 2024 for income tax, you can go to this page of the Tax and Customs Administration (in Dutch). Changes to corporate income tax can be found(in Dutch) here. Do you have questions about the consequences of one of the new regulations for your company? Feel free to contact us. We are here to help.

new fiscal rules for entrepreneurs in 2024