Uitspraak
Rechtbank noord-holland
uitspraak van de meervoudige kamer van 21 augustus 2015 in de zaak tussen
[X] , woonachtig in [Z] , eiser,
de inspecteur van de Belastingdienst, kantoor Den Haag, verweerder.
Procesverloop
Feiten
loonbelasting) and contributions for social Insurance (
volksverzekeringen). The Grantholder is responsible to take care of his/her annual tax declaration and make provisions to pay compulsory Dutch income taxes (
inkomstenbelasting) and contributions for social insurances (
volksverzekeringen).
non-statutory staff of the European Commissionand neither the “
Staff Regulation of officials of the European Communities” nor the “
Conditions of Employment of other Servants of the European Communities” apply to them.”
(…)
2. TAX
inkomstenbelasting).
loonbelasting). The Grantholder is responsible to file his/her annual Dutch income tax return.
3.1 The Grantholder will be liable for Dutch social insurance (
volksverzekeringen) and employee insurance (
werknemersverzekeringen).
3.2 The [C] is not obliged to withhold Dutch social insurance contributions. The Grantholder is responsible for paying the social insurance contributions due. The [C] will only withhold Dutch employee insurance.”
The grantholder contracts are aimed at supporting training, career development and mobility opportunities for researchers, allowing the grantholders to gain further knowledge and experience in his/her scientific field, while contributing at the same time to the scientific potential of the [C] . The
employment contractoffered to the grantholder is of a
subordinate nature and for a fixed period, and is
governed by the national employment lawof the [C] site in which the grantholder is to be based. Grantholders are, therefore,
non-statutorystaff of the European Commission and neither the “
Staff Regulation of officials of the European Communities” nor the “
Conditions of Employment of other Servants of the European Communities” apply to them.
6.1 The Grantholder will be subject to Dutch income tax (
inkomstenbelasting) [voetnoot: “The tax exemption provided for in the Protocol for Privileges and Immunities does not apply to the salary received by the Grantholders, as Grantholders are non-statutory staff. The modalities for taxation are entirely governed by Dutch law.]
The different types of status that may indicated on an identity card for staff of international organisations are:
•
BOMembers of the technical and administrative staff and their families
•
EOMembers of the service staff and their families
• POPrivate servants of staff members with AO status
•
ZFPrivate servants of staff members with BO status, interns etc. A ZF card is only a residence permit and Schengen visa; it entails no privileges or immunities.