On December 18, the Inland Revenue released the 'Enforcement Plan Labor Relations Tranche 2025.' published. This plan focuses on the lifting of the enforcement moratorium as of January 1, 2025. No misdemeanor and default fines will be issued in 2025, but additional assessments and corrections to payroll tax and social security contributions may be made. It will also remain possible for the Inland Revenue to first issue a warning, to remind the client to pay attention to the qualification of the employment relationship and the possible risks of false self-employment. Incidentally, the warning is not an official instrument, as the designation was.

As of Jan. 1, 2025, the enforcement moratorium will be lifted. This means that clients may face immediate consequences in the event of incorrect qualification of employment relationships. The Tax Authority outlines in the Enforcement Plan how this transition will take place, in order to prevent unrest and promote compliance with rules. The focus is on a balanced approach, combating false self-employment without unnecessarily restricting the freedom of workers.

Phasing out model agreements

In their Enforcement Plan, the Internal Revenue Service has indicated their intention to carefully manage this transition. A central pillar of the strategy is the phase-in model, which limits corrective action before 2025 to cases of malicious intent. At the same time, the Tax Administration remains committed to cooperation with the market. Industry associations and tax service providers are involved in raising awareness and providing support to hiring organizations and self-employed persons. However, the responsibility for correct qualification of labor relations lies primarily with the parties involved themselves.

Another important aspect in the Tax Administration's plan is the phasing out of model agreements. As of September 6, 2024, no new applications or renewals of model agreements will be considered. Existing agreements will be subject to a transition period until the end of 2029. The emphasis will shift to tax control within legal frameworks and practical tools such as the web module.

Pre-consultation remains possible

Finally, the Tax Administration expects more requests for pre-consultation in the coming period. The Tax Administration has concluded that pre-consultation can be an important service tool. To handle this flow as well as possible, the requests must meet the set conditions and the request must also be complete. On the request for preliminary consultation and the pre-consultation checklist clearly indicate the minimum information required to successfully submit a request. The checklist explicitly states that our opinion, based on the facts and circumstances described, only provides certainty if the actual execution of the work also matches exactly what has been described. Pre-consultation gives only conditional (and therefore not absolute) certainty.

The ultimate goal is to fully integrate enforcement into the Tax Administration's regular supervision starting in 2026. If you have any questions about the Enforcement Plan or its further implications, please contactpublicaffairs@headfirst.nl.

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Sem Overduin
Public Policy & Affairs Manager
Sem.Overduin@headfirst.nl

Oifik Youssefi
Public Affairs Officer

Oifik.Youssefi@headfirst.nl

Maaike van Driel
Head of Legal

Maaike.vanDriel@headfirst.group

Thomas ten Veldhuijs
Senior Legal Counsel

Thomas.tenVeldhuijs@headfirst.nl