this is evident from a tour of various parties by NU.nl.
“The Law DBA turns out to be a monstrosity in the execution”, is PVV’er Tony van Dijck. Carola Schouten (ChristenUnie) speaks of a “bureaucratic nightmare”. Also other opposition parties are without exception critical.
The parties agree that there is not wait can be up to 1 may next year to assess the situation, as the coalition wants. “The government has this issue been created and this should now resolve,” says SP Member of parliament Farshad Bashir.
D66 and the christian union decided in January to the law to evaluate. If no improvement is seen, then there would need to be addressed.
The PVV is more frank. “The Law DBA must be of a table, directly”, says Van Dijck. “The secretary of state should go back to the drawing board, and until that time, the VAR revive.”
bogus self-employment
The model contracts, that derive from the Law, deregulation of employment relationship Act (DBA), replaced since may 1, 2016, the Declaration of employment status (VAR), and to false self-employment happen.
The Tax authorities to examine whether the model contracts, in which the terms for relationship are defined, meet the requirements. There Is an employee-werkgeververhouding, then the request is rejected. Authority, pay, and that people be replaceable are the most important criteria.
“But what is the government bogus self-employment?”, ask Schouten. “It seems to be a definitiekwestie while the self-employed persons have suffered. Let the parties off the field along with the Tax and customs administration to formulate when someone is self-employed or not, so we can stop with the back and forth jojoën of standard-form contracts.”
Blundered
Also SP Member of parliament Farshad Bashir finds that the law is poorly thought out. “The government blundered by first a law without formulating what the problem is,” he says.
Bashir want the government, the new law only lets go when it becomes clear what false self-employment is exactly. “There is now too much uncertainty, and the self-employed persons are doomed,” said the SP.
Kopschuw
Steven van Weyenberg (D66) suspect that with
the new law, especially “the agenda of the Labour is performed to the number of self-employed people to cut back”. He wants that the Tax authorities are not stricter tests whether someone is self-employed than is the case for the introduction of the Law DBA.
in addition, D66 believes that the tax authorities entrepreneurship heavier should consider in the assessment of a model contract. Also wants the party that well-meaning clients should not be fined if they inadvertently violate the law. Well-meaning entrepreneurs have that commitment already.
“Clients are now kopschuw become, and dare not self-employed more to hire. The crux is that both parties are with each other in the sea can go,” says Van Weyenberg.
Uncertainty in retrospect
According to CDA Member of parliament Pieter Omtzigt keeps the Tax is not on the appointment to all approved model contracts to make it public. “That has not happened. Also, there are huge backlogs. Only a few percent on time assessed,” said the CDA.
whether or not fines increases the risk of an additional levy, says Omtzigt. “If there is retroactive, it is concluded that there is a employment, should the client still paying the full premiums to pay. That feels like a penalty, I can assure you, but that’s just not so.”
Also for the contractors is that a nasty situation. “Are you retroactively an employee, you will also have a retroactive disability insurance. But if you also have private insurance, you have that premium for nothing paid,” said Omtzigt.
He further notes that self-employed persons their zelfstandigenaftrek afterwards to lose it by a different assessment, do not meet the criteria for this tax benefit. “That uncertainty afterwards is quite annoying.”
Thursday night debating the Second Room with state secretary Eric Wiebes (Finance) about the Law DBA.
By: NU.nl/Edo van der Goot
