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  • Writer's pictureJenifer Benton

Year-end tips for DGA's 2023

Updated: Dec 4, 2023

The tax world never stands still, and as a DGA, it is often difficult to keep up to date with everything. Therefore, we have briefly summarized the main points of all the changes and relevant issues that may be of interest to yourself and your company for ending the year optimally fiscally and getting 2024 off to a good start. Do not hesitate to contact us if you have any questions, we are happy to look at your personal situation together and thanks to our expertise can support you to optimize your current situation fiscally.

Important: All information in this article is based on the information available on the day of publication. Unfortunately, we cannot yet predict the future, and due to the flexible nature of legislation, certain numbers and rules may be different in the future.


Eindejaarstips voor DGA's en BV's


Tips for the BV


1. Claim the small business investment deduction

Consider whether it is appropriate to invest now or wait with investments until after January 1, 2024. The time of investment is the time when you enter into the commitment to purchase or improve the asset. This is because you can qualify for small-scale investment deduction for your investment if you have invested in business assets. The amount you may deduct from profits depends on the total amount you have invested per business. To qualify for the small-scale investment deduction (KIA) in 2023, you must invest an amount between €2,601 and €353,973 in business assets for your company.

 

2. Think about environmentally friendly investments

If you want to invest or have invested in environmentally friendly business assets, you can check whether you qualify for the Environmental Investment Allowance (EIA) and the Arbitrary Depreciation of Environmental Investments (VAMIL). By applying the MIA, you can deduct up to 45% of the investment amount from profits. VAMIL allows you to depreciate an investment at any time. The random depreciation is limited to 75% of the investment amount. By depreciating faster, you reduce your taxable profit and pay less tax in that year. This offers you a liquidity advantage, unless it puts you in a loss situation.

Also note:

Consult the Environmental List which lists all business assets eligible for MIA and/or VAMIL.

 

3. Think about energy-saving investments

Check whether you want to invest or have invested in energy-saving business assets or renewable energy. You may then be eligible for the energy investment deduction (EIA). The EIA allows you to deduct 45.5% (2023) of the investment amount from your profit. You must invest a minimum of € 2,500 per asset. As of 2024, the percentage EIA will be structurally reduced to 40% in accordance with the Tax Plan 2024.

Also note:

Make a notification to RVO.nl within three months after the investment. You will receive a confirmation of receipt which you must keep with your accounts. After that, you indicate the energy investment deduction in your tax return.

 

4. Beware of the disinvestment allowance

If you have sold or donated business assets for which you applied investment deductions in previous years, you may have to repay part of that deduction, in the form of a disinvestment addition. Check in your administration whether you have sold or donated business assets within five years after the beginning of the calendar year in which you made the investment. The value of those assets must collectively exceed € 2,600.

Also note:

If you stop your business or part of it, the disinvestment addition also applies to the business assets that you dispose of or transfer to your private assets within the disinvestment period.

 

5. Put your profits into a re-investment reserve

If you are going to sell your assets or have sold them this year, add your book profit on assets to the reinvestment reserve. This will prevent you from owing tax on that book profit immediately. The condition is that on the balance sheet date you have the intention to reinvest in another asset.

Also note:

Even if you lose an asset, or if it is damaged and you receive compensation for it, you can include the difference between this compensation and the book value of the asset in the reinvestment reserve.

 

6. Prevent release of reinvestment reserve

You were able to delay taxation at some point by establishing a reinvestment reserve. However, the reinvestment reserve must be added back to profits at the time you no longer intend to reinvest. Also, if three years have passed since the fiscal year in which you formed the reserve, and you have not yet made a reinvestment, tax will still be imposed on the book profit. Check your records to see if you can avoid the release of the reinvestment reserve by writing it off against the reinvestments made.

 

7. Establish a provision

Do you want to delay earnings? Then check whether you can still make a provision. For this it is already sufficient that the future expenses have their origin in facts and circumstances that occurred before the balance sheet date, and that a reasonable degree of certainty exists that the expenses will be incurred in the future. Furthermore, the future expenses must also be attributable to the period prior to the balance sheet date.

Also note:

You can make a provision for, for example, a reorganization, maintenance, remediation costs, product warranty or staff anniversary expenses.

 

8. Form an equalization reserve

Find out if you have costs and expenses from business operations in this fiscal year that won't result in a spike in expenses until the future. For example, consider specific maintenance costs on your premises, such as painting. In fact, you can then add a portion of the costs charged against profits to the equalization reserve. This also reduces your profit for this year.

Also note:

The amount you are allowed to reserve depends on the expectation about the amount of future costs and the time when you incur the costs. Thus, you must make a reasonable estimate. If it later turns out that the estimate was too high then you must include the excess in profit. The annual addition does not always have to be the same. It may change, for example, if costs increase or the time period changes.

 

9. Depreciate on your assets

If you have purchased new business assets such as buildings, machinery, cars, inventory and other durable items that you use for business, you cannot deduct all the costs in the year of purchase (unless the asset is worth no more than €450). Instead, you must depreciate on them. To depreciate an asset, you must determine the amount you may depreciate each year. This depends on the purchase cost, the residual value and the probable useful life. According to the tax authorities, you can use the straight-line method. You then depreciate each year a fixed percentage of the difference between the purchase cost and the residual value. The formula for this calculation of depreciation is: depreciation per year = (purchase cost - residual value) : estimated useful life.

Also note:

The depreciation per year is a maximum of 20% on the acquisition cost of the asset. For goodwill, the maximum percentage is 10%. In addition, depreciation on business premises differs from depreciation on other business assets. Therefore, chart your depreciation.

 

10. Think about a fiscal group

Check whether a request for a fiscal grouping offers any corporate tax advantages. This is because with a fiscal unity, the subsidiary's results are allocated to the parent company. The subsidiary does not cease to exist, not even for tax purposes, but is no longer independently liable to file a tax return. An advantage of a fiscal unity is that you can offset the losses of one company against profits of another company that is included in the same fiscal unity. A major disadvantage can be that you can only use the rate step-up (19% corporate income tax for the first €200,000 profit in 2023; idem for 2024) for the individual BVs within the fiscal unity once.

 

11. Take advantage of the innovation box

Do you engage in innovative research and are a "smaller taxpayer"? Then you can include all profits you earn from innovative activities for which an R&D statement has been issued in the innovation box. Profits in this box are taxed at a corporate income tax rate of 9%. Additional conditions apply for larger taxpayers.

Also note:

You are required to include information in your administration that clearly shows that you own one or more intangible assets that qualify for the innovation box. In addition, you must also state the amount of the benefits from these intangible assets and how you determined these benefits.

 

12. Pay attention to your BV's loans

Check whether you and your tax partner have borrowed more than €700,000 from your BV. This is because you must declare the excess as income from substantial interest (box 2). For example: on December 31, 2023, you have a loan of € 900,000 from your BV. This is higher than the threshold. In your 2023 income tax return, you declare €200,000 as income from substantial interest (box 2) taxed at a rate of 26.9%. This includes all debts to your private limited company, except the debts from your own home. This requires a right of mortgage in favor of the BV. This condition does not apply if your owner-occupied home debt already existed on December 31, 2022.

The requirement still applies that the loan must have been taken out with the BV at arm's length. Among other things, this means that the BV must continue to charge interest on the loan, on which the BV owes corporate income tax.

Also note:

If you have made agreements with the tax authorities in the past regarding the debts with your BV, these agreements will lapse if the total debts exceed € 700,000.

 

13. Pay attention to your regular salary

If you are employed in your private limited company in which you have a substantial interest then you are expected to earn a certain wage, the customary wage. This wage must be at least the highest of the following amounts:

  • The salary from the most comparable employment;

  • the salary of the highest-earning employee at the company or of the highest-earning employee of an affiliated company of the employer;

  • at least €51,000 (2023).

 

14. Pay out dividend payment

You can still receive a dividend payment in 2023 at a rate of 26.9%. However, as of January 1, 2024, this rate is going to change. According to the amendment to the Tax Plan, for dividend payments above € 67,000, the rate will go up to 33%. For amounts up to €67,000, the rate goes down to 24.5%.

 

15. Offset your loss from substantial interest

If your substantial interest income is negative then you can offset this loss against positive substantial interest income from the previous year and then against positive substantial interest income in the next six years (if any).

Also note:

In case your loss from substantial interest cannot be set off because you no longer have a substantial interest, you can have your loss from substantial interest converted into a tax credit under certain conditions.

 

VAT tips


16. Find out if you qualify for the small business provision

You can make use of the small business allowance (KOR) if you have not made more than €20,000 in sales this year. If you meet all the conditions, you no longer have to charge VAT to your customers. You also no longer have to file a VAT return. However, you can no longer reclaim VAT on your costs and investments.

 

17. Be mindful of invoicing requirements

Check that the invoices meet the requirements for VAT. The invoice must contain the following information:

  • your full name and that of your buyer;

  • your full address and that of your customer;

  • your VAT identification number;

  • your Chamber of Commerce number, if any;

  • an invoice number;

  • what goods and number of goods supplied;

  • what services and quantity;

  • the date the goods or services were delivered, or the date of an advance payment;

  • the amount you charge, excluding VAT;

  • the VAT rate applicable to the goods or service provided.

Also note:

Additional conditions apply to international supplies or services within the EU.

 

18. Reclaim VAT on uncollectible receivables

If you have sent the invoice then you must pay the VAT stated on that invoice on a timely basis on your tax return. If your customer does not pay the invoice or pays only part of it, your claim may be (partially) irrecoverable. In that case you have paid VAT unduly. You can reclaim this VAT as soon as it is certain that your claim is irrecoverable. In any case, the claim is considered irrecoverable one year after the due date of the invoice.

 

19. Don't forget your VAT correction

Check whether you have over- or under-reported VAT this year or in the past five years. You are obliged to report this. If so, amend your return using the 'Suppletie Omzetbelasting' form.

Also note:

If it turns out that by correcting your return you receive or have to pay € 1,000 or less in refunds, you may include this in the next return.

 

Tips for all taxpayers


20. Do you have a tax partner or not?

Find out if you are considered by the IRS to be a tax partner this year. Tax partnership means you can file tax returns together and share certain income and deductions. Unmarried cohabitants who are both registered in the Municipal Personal Records Database (GBA) at the same residential address are tax partners for income tax purposes if one or more of the following conditions are met:

  • They have signed a notarized cohabitation contract.

  • They have a child together.

  • One of the partners has a child and the other has acknowledged the child.

  • They are registered as partners for a pension plan.

  • Both partners own the home that is their primary residence.

  • A minor child is also registered at the same residential address and no business rental agreement can be presented between the cohabitants.

  • They were already tax partners last calendar year.

 

21. Do you qualify for personal deductions?

Should you have additional expenses, you can deduct them from your income tax if they are classified as personal deductions. These include partner alimony paid, expenses for specific care costs, costs for temporary stay at home of severely disabled persons and gifts.

Personal deductions are deducted from income in Box 1. Any remainder is deductible from income in box 3 (rate 32% in 2023) and then from income in box 2 (rate 26.9% in 2023). Further, keep in mind that the personal deduction is only deductible at a maximum rate of 36.93% in 2023.

 

22. Don't forget about taxes on your assets

Check how high your assets are this year. Is your capital not higher than your tax-free capital? Then you have no benefit from savings and investments and do not have to pay taxes in Box 3. The levy-free capital is € 57,000 per person (in 2023). So for you and your tax partner together € 114,000. Is your capital higher? Then only the part above it counts for the calculation of the tax in box 3. The following return percentages apply for 2023:

bank and savings deposits and cash: 0.36% (provisional);

investments/other assets: 6.17% (fixed);

debts: 2.57% (provisional).

On the calculated return, you pay 32% income tax in Box 3. An amendment to the Tax Plan raises this rate to 36% in 2024.

 

23. Consider making a donation

You can still make an exempt gift of €2,418 per person this year. As a parent, you can donate a higher exempt amount to your child of €6,035.

Attention to the following

Partners, such as parents or grandparents, are considered one donor.

 

24. Consider gifting for private home.

You can still make use of the increased exemption for the gift for a private home this year under conditions. The one-time increased exemption will be €28,947 in 2023 (the "jubelton bonus" was scrapped in 2022). In accordance with the Tax Plan, the gift exemption for owner-occupied housing will be scrapped altogether as of 2024.

The gift must be given to the recipient between the ages of 18 and 40, or partner of the recipient between the ages of 18 and 40. Also, they both have not previously used an increased exemption for a gift from this donor.

Please note:

although the gift exemption for private homes has already been discontinued as of January 1, 2023, you are still able to supplement a gift from 2022 tax-free up to a maximum of € 106,671 this year (before the end of 2023!) under the transitional rules. This means the supplement must be paid by bank transfer before 01-01-2024 and that money must have been spent by the recipient on their own home before January 1, 2025.

 

25. Purchase expensive purchases this year

If you plan to make an expensive purchase soon, it may pay off for tax purposes to make and pay for it no later than Dec. 31, 2023. By doing so, you will lower your assets and thus reduce the Box 3 tax.

 

26. Consider green investing

You can also reduce your Box 3 assets by investing green. Green investments are subject to an exemption in Box 3 of up to €65,072 for 2023. If you have a fiscal partner, then the exemption for you and your partner together is even double (€ 130,144). By amendment to the Tax Plan, this exemption will be scaled back to €30,000 per person effective January 1, 2025.

 

27. Bundle your healthcare costs

You can deduct your healthcare costs in income tax at a rate of 36.93%. A threshold does apply, which means that only healthcare expenses above this threshold are deductible. Have you already incurred expenses but come in below the threshold? Then consider, for example, making the planned purchase of a prosthesis or orthotics this year so that you can cross the threshold.

 


Year end tips for DGA's 2023 summarized

As you can read in this article, there are a huge number of year end tips this year for DGAs. Fortunately, you are not alone, we are ready to assist you with all your questions. Together we are happy to look at your personal situation to optimize your tax situation.

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