BREXIT DESK – oud2018-10-16T12:14:02+00:00



For example, do we need an alternative distribution hub outside the UK to safeguard our gateway into the EU? The answer maybe that the business prepares for the incorporation of a Dutch entity, or already incorporates that company, have all licenses and contracts available to be executed within 24 hours. So after Brexit it can be business as usual with some preferably small adjustments.

At this stage it may be worthwhile investigating the possibilities to obtain a similar statement under the bilateral UK-Dutch social security treaty to determine the implications for the employee’s net salary or employer’s salary expenses after March 29, 2019.

After Brexit, the UK is no longer a party to the various EU Directives aimed at reducing tax burdens within the single market, notably withholding taxes. Whilst the UK does have an extensive network of double tax agreements to fall back on, not all eliminate withholding taxes on payments of dividends, interest and royalties between the taxpayers in the UK and EU Member States – some only reduce the rate of withholding tax that needs to be applied. If e.g. royalty payments from the UK into the EU will become subject to UK withholding tax at 20%, businesses may already want to investigate the possibility of compensation through ‘grossing up’ clauses in legal contracts.

This may be the case or not, nobody knows today. In order to obtain a Dutch work and residence permit for non-EU nationals, various possibilities exist. Some of these imply a registration of the Dutch employer as authorised sponsor with the Dutch Immigration authorities. This may take 6-8 weeks and you can consider arranging this already “just in case”.