PROFESSIONAL SERvICES
Anglo Dutch Specialists
The Southern North Sea offers tremendous opportunities for both British and Dutch companies, particularly those based in Great Yarmouth, IJmuiden and Den Helder.
The Dutch Government’s recent approval of three offshore wind farms with construction to start later this year provides valuable prospects for British companies. Recent experience has shown that many British companies are unaware of new requirements to register with the Dutch Chamber of Commerce if they are supplying specialised workers to customers in The Netherlands. These requirements apply even if the work undertaken is offshore.
CONTRACTUAL REQUIREMENT
Failure to register can result in significant fines for both the supplying company and the Dutch company engaging such supply. Consequently, Dutch companies make it a contractual requirement that UK companies are registered.
The costs of compliance, not only in terms of fines, but also the costs of registering and undertaking the necessary steps can be expensive. However, it is important that registration is completed properly otherwise contracts with employees and contractors could be deemed to be subject to Dutch law. This is significant as self-employed independent contractors could be deemed to be employees under Dutch law
SECTION SPONSOR
British companies could be required to deduct Dutch tax and social security contributions from payments made to employees and contractors.
COMPLIANCE
In order to address risks and compliance, British companies should…
• Ensure all contracts with employees and contractors are governed by English law
• Register with the Dutch Chamber of Commerce • Take steps to prevent the services provide being subject to Dutch tax or set up a shadow payroll in The Netherlands
• Ensure employment packages are consistent with applicable minimum requirements
There are also other steps that can be taken to reduce the risks such as a ‘G-Account’ and ‘NEN-certification’.
SPECIALIST TEAM
Birketts has a specialist energy team and Anglo Dutch desk that work with Dutch tax law firms and has significant experience in advising British-based companies who are taking up these opportunities and supplying labour to operators in The Netherlands.
Andrew Wood - Consultant Birketts LLP
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www.windenergynetwork.co.uk
EAST OF ENGLAND SPOTLIGHT ON
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