Bolder Launch is an expert in all that you need to know about relocating staff to the Netherlands, or recruiting new resources (either employees or contractors for that matters, since there is a fine line between these two types of resources).
When you appoint staff in The Netherlands, there are several legal matters to consider.In general there are 4 main considerations:
- Does the company already have a (legal) presence in the Netherlands?
- Does the employee involved have an EU residency?
- Will the employee be lending out to third parties?
- Will the work be done from the Netherlands?
If the final question is NO, then this leaves the option open to involve the resource as contractor, rather than as employee. For example, if a person is working from Germany, on behalf of the Dutch company, and we don’t speak of a permanent establishment in Germany, we can typically consider the contractor-scheme. However, in most cases the resource is planning to work from NL.
Apply for Sponsorship status for Employers
Residency permit for employees
Application 30% ruling
Question 1 and 3 are also related, in such a manner that if the resource will be lent out to other (Dutch) contractors, then the registration of a local branch or entity is required by law. This is not the case if the resource will be working in NL as employee, while there is no other sign of a ‘permanent establishment’ in the Netherlands. In this case, the overseas entity could simply apply for a Wage Tax number, and payroll the employee in NL, without having any formal legal presence here.In case the employee is not an EU national, then this still becomes tricky. Because the first step would be to apply for a residency permit. There are 3 main routes that we take here:
- EU Blue card (for University graduates, with a substantial salary, owning no more then 25% of the shares of the company)
- ICT permit (for employees that have been on the payroll of the overseas related company, for at least 3 months, and will earn around 4700 EUR gross per month)
- Highly Skilled Migrants (same salary requirement as for the ICT permit, but no previous employment (by the same Group) is required. However, the Dutch employer should be accredited as Recognised Sponsor by the IND).
Bolder Launch can assist in all variations. We provide PEO services as Recognised Sponsor, which means we can arrange residency permits for Dutch staff in about 3-6 weeks, and we can assist our clients to obtain the Sponsorship status for their company (so our PEO service is considered a temporary service in most cases). Our fees for the PEO payrolling are 1.000 EUR per month.
- Registering the branch or Limited Company
- Prepare employment agreement, apply for 30% ruling, etc.
- Start payrolling of the employee and submit wage tax returns
In case you are interested to payroll resources in the Netherlands, in whatever form, we are happy to describe in more detail how we can be of assistance.