Minister Schouten writes in a letter (pdf) to the House of Representatives 30-3-2022 that the new pension system provides self-employed workers with more room to save tax for their supplementary pension. She also says that there will be experimentation legislation, which will result in freelancers being able to work freely with existing pension funds. Stichting ZZP Nederland is of the opinion that these measures do not really contribute to a solution for the actual realization that independent entrepreneurs have to deal with. “The self-employed want better protection of their pension money and the possibility to build up a business buffer in a tax-friendly manner,” says chairman Frank Alfrink.
Fiscal space for pensions
Enabling many self-employed persons for pension in box 1, because it is possible to calculate the tax margin. Expansion of this fiscal space is not efficient if it is not used anyway. That is why pension savings in box 1 must be made in accordance with ZZP Nederland guidelines.
Experimental legislation not suitable for self-employed persons
The experimentation legislation existing by the minister for voluntary pension funds at existing employee pension funds will not have the combined result. In the past period, the ZZP Nederland Foundation has actively contributed to the establishment of arrangements that are suitable for the self-employed. “Unfortunately, SZW categorically gives permission to create legal possibilities for voluntary affiliation that are appropriate for the self-employed,” says board member Maarten Post. “This does not encourage the self-employed to build up pension in this way”.
Pension independently insufficiently proven
It was only in 2015 that secretary Jetta Klijnsma established that the pension balance of the self-employed (usually this is an annuity) is protected against creditors, seizure and bankruptcy. This legal protection of only up to a balance of € 250,000 and also under strict conditions. “If the minister now announces to increase the fiscal scope for pension savings, the protected pension balance of self-employed and also substantially strengthened,” said Post.
Retirement pot forced to use
The recent constituency consultation (pdf) by the ZZP Nederland foundation showed that many self-employed persons affected by corona measures have to use parts of their pension pot in box 3, sometimes entirely in order to be able to pay their fixed operating expenses. This balance is retrievable and unprotected. Pension savings in box 3 is risky. Self-employed people who have meant a pension pot in this way have seen the corona evaporate and are often left empty-handed. The same constituency also showed that this experience has made self-employed workers more aware of the need to build up a separate business buffer.
VZN advocates fiscally stimulating business buffer.
According to the Dutch Self-Employed Association, which includes the ZZP Nederland Foundation, it is necessary for the government to provide tax incentives for building up a business reserve for the self-employed. VZN asks the government for the buffer of self-employed and fiscal business activities in the interests of the regime for entrepreneurs.