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Stamrecht BV / Golden parachute BV / Severance payment BV – termination 2014

In the event you incorporated in the past a so called Stamrecht BV to prevent your severance payment being taxed immediately with 52% income tax, you now have an escape possibility.

The escape is not so much from the 52% income tax, but more in the sense of a discount that can be applied. Only in the year 2014 the Government issued a 20% discount for Stamrecht BV companies that were incorporated and paid up before mid December 2013.

The reason for this discount is to have the money in the Stamrecht BV to become accessible to spend, as support to the Dutch economy. We see this discount more like an escape. An escape from the extreme low interest percentage, which make you liable to be at fault with the system bigger ever day.

The build up percentage for Stamrecht BV pension right is substantially higher than the interest yielded on the bank account. In years to come up to the pension date of your 68 year birthday or later if regulation change, the difference between the right you have to pay and the money in the bank account is this substantial, that the tax office could make the claim and will make the claim, that the pension right cannot be executed anymore.

The result is that the right is taxed immediately at 52% income tax plus on top 20% penalty, that implies 72% is deducted from the right build up. You might not have enough funds in your Stamrecht BV bank account to pay for this 72% tax.

We therefore recommend to take the 20% discount, cut lose, dissolve the BV and walk away. We will be glad to discuss the outcome of the situation and to start the process.

Please keep in mind that the year 2014 is nearly over, for the procedure in which you would like to benefit from the 20% discount a number of formalities need to be met. This implies you have to make the decision now and to act on it immediately in order to be able to still qualify for the 20% discount.

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