DGA and capital insurance
DGA are a director - shareholder who minimum 5% shares in
a Ltd have or plc. THE DGA are an employee just like other
employees, but have nevertheless a slightly separate status. For
the DGA there as lot of change in the new belastingsysteem. THE
DGA and are kapitaalverzekering:Het tax plan 2001 come with race
stride closer. Directors and shareholders, in the Netherlands a
group of in sum approximately 60,000 persons, can be faced with one of
the most serious modifications. Tomorrow introduced pension
consultant Dga-Spaarplan, especially to keep the capital insurance for
this group on level. Dga-Spaarplan are a combination of an
insurance policy and a loan. The product is a tax attractive
alternative for those who have at present a capital insurance at its
own e.g. many directors and shareholders have such a capital
insurance. e.g. Acts in such cases as an insurer, with the tax
advantage of serve. The preserved premiums are convened, as a
result of which after minimum 15 years a tax-free capital to the
director or shareholder is paid. The capital is in many cases
used for relaying the mortgage, for forming capacity or as
spaarkapitaal. The construction is very attractive: by
leaving action the venture as an insurer is there a considerable cost
saving. With the setting-up of the tax plan 2001 there an end
comes to this interesting construction. The insurance
advancement by means of e.g. entirely under the new box 1 fall and are
seen therefore as income labour. The tax percentage goes with
that of 25% to 42 or 52%. also the already built revendications falls
in box 1, if by 1 January 2001 action is not undertaken. This
means that the predikaat ' capital insurance ' expires.
Consequence: the director or shareholder every year must
again income tax to pay concerning the output to gain. The
solution lies in transferring the insurance, and therefore the built
value, to a ' real ' insurer. Because of this the current
advantages for the largest part remain intact. Dga-Spaarplan of
Tomorrow combine the transposition of the policy with a loan.
This has with the fact do that the e.g. built value in most of
the cases does not have liquide and therefore also cannot transfer to
the insurer. The director or shareholder gets a new policy of
the insurer. This policy can serve as a onderpand for the loan.
Tomorrow provide within one working day a proposal for personal
Dga-Spaarplan, in which interest and output have been indicated.
Up to 31 December of this year Tomorrow can offer this product.
After that date ' repairing ' is no longer possible. THE
DGA and its house annex company-stretched: An entrepreneur who
its own company offers lodging rent, has 1 do January 2001 as from
with changes in the legislation. Changes which can unpack
entrepreneur and venture in the disadvantage of both... '
property ' such as capacity, shares and immovable property
(differently than its own house), falls in the new legislation in box
3. in this box 3 30% taxes is levied concerning an assumed output of
4% per year, also called the ' capacity capital yield tax '. In
itself completely clear - nothing wrong. Unless it concerns
company chips which are in property of the entrepreneur. What is
the case? These pawn are generally let to the venture, which
wears out for this huurpenningen. These huurpenningen now and
remain progressively as from 2001 ' ordinary ' have been charged at
the entrepreneur. By the entrepreneur considered as
privé-vermogen it is in many cases however company-stretched.
The sale turnover is because of this net opneembaar. Viper
under the grasDe believes legislature that the concerning assets do
not have be considered as a placement, but as component of the
venture. In the ' Veegwet law income tax 2001 ' has been thus
stipulated that company-stretched in such a situation does not belong
in box 3, but in box 1. With all disadvantageous impact of
serve: the moment ' something ' falls in box 1, to the highest
tax rate about this it is charged. The end therefore of a
considerably net advantage at sale of the aware pand, whereas the
rental incomes remain still charged. The sale turnover at
private woonhuizen as first house is and remains tax-free. The
turnover of sold company-stretched falls therefore soon in box 1. what
is the practice? In many cases is ' own matter to your home
adress ' starts an entrepreneur. After course of time, when the
matter goes well, the venture and with that the importance grow of it.
Possibly there a verbouwing takes place and staff is adopted
there. Within the shortest keren there then no clear distinction
more exists exists between ' company-stretched ' and ' privé-woning
'. At that moment falls whole in box 1 and with that the
entrepreneur in the prices... And that means a strong
disadvantage at sale. , At sale of ' ordinary ' privé-woning
are take the turnover of it net. In the bovengeschetste
situation concerning the turnover of the whole pand, therefore also
privé-deel, in box 1 tax it is progressively levied simple
solution...?In much fallen exists a simple solution, however the
tijdsdruk is high because action is still in 2000, required.
Moreover can predominated become letting pay the venture hiring
for a longer time ahead by. This way the not yet chargeable
huurpenningen fall private in box 3, so that with that can be
convened. An elegant, structural solution deserves a tailor-made
job. Fortunately a tailor-made job is obtain frequently ' online
' and with that closer then you think! When DGA instead of
independent ondernemer?De start most of the entrepreneurs a company as
an a man matter or a company under firma (VOF). There frequently
it is just later decided the a man matter if VOF to continue as a Ltd
or sometimes a plc. At the question if you must with an a man
matter or VOF further or that you must continue in a Ltd, must you
especially pay attention to following punten:a. become there more
deserved in the company then that there is needs sits necessary
(overwinst) b. the company finances (stock financing/person under
obligation financing) the large difference in the first place, as it
happens, in what remains there after deducting salary, costs and tax.
At a Ltd in principle more, but this zit remains or in Ltd.
At an a man matter income tax it is paid entirely there, but is
what eventually remains, however, entirely net capacity of the
entrepreneur diagram a man matter Eénmans - matter converts purchase
costs gross to profit tax net 500.250.50.200.100.100 totally tax:
100 total net: 100 In liquidity total . 100,000 diagram:
Ltd/plc Ltd gross net profit tax profit salary salary gross net
80.50.120.40.80 totally tax: 70 total net: 130 In
liquidities available in the company . 78.000Het differences in
liquiditeit:Het difference in liquidity amount to . 28,000 extra in
the company Nadeel:Als the DGA apply profit ever from Ltd to private
want obtain, are there an imposition in accordance with BOX II
(considerable importance: 25%). if in aforesaid example the DGA want
obtain its profit in Ltd to private, are there . 20,000, - - tax
chargeable concerning the profit in Ltd. Because of this the
advantage is reduced up to only 8,000, - -.
Source "DGA and capital insurance": General
Head index page of "DGA and capital insurance"
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