Stamrecht BV and the golden handshake. If you are fired, you can receive a golden handshake (a lump sum payment). This amount is taxable. In a smart way you can ensure that you have to pay minimal tax on the golden handshake. One option to arrange this is to set up a Stamrecht BV. But what is a Stamrecht BV and what are the benefits?
What is a Stamrecht BV?
A Stamrecht BV is a private company. This was founded by the dismissed employee. A golden handshake is deposited into the BV’s account by the ex-employer. When the BV is established, a legal agreement is drawn up in which a periodic payment to the ex-employee is arranged. These periodic payments then fall under a tax-favorable scheme.
Advantages of a Stamrecht BV
- tax benefit due to phasing of periodic payments
- assured of extra income in the future
- possibility to receive periodic payments
- possibility to take out a loan with the BV
- there is a private company
- investment opportunities with the capital of the BV
Disadvantages of a Stamrecht BV
- costs for the establishment
- the annual administration
How much does a Stamrecht BV cost?
A BV must be established. This costs 18,000 in starting capital. There are also administration costs: the annual accounts and the corporate tax return. If you want to take out a loan with the BV, business interest applies.
Annuities through an insurer
If you do not want to set up your own BV as a dismissed employee, you can also use the annuity exemption with an insurer. You then deposit the money into an annuity policy. You receive a periodic payment from the annuity policy. In contrast to a Stamrecht BV, with this form you have less control over your capital.
Benefits of deferred annuity policy
- no starting capital of 18,000
- lower formation costs than a BV
- no notary fees
- rapid establishment
Disadvantages of deferred annuity policy
- little control over capital
- less flexibility in periodic payments
Regular savings account
From 2010 it is also possible to opt for a bank savings variant. You then open an annuity savings account or an annuity investment account. This is a blocked account so no income tax has to be paid.
Benefits of a standing savings account
- deferment of tax payment
- choice of fixed or variable interest rate
- to have money paid out in the meantime
Disadvantages of a standing savings account
- no coverage in the event of death
- final capital not guaranteed
- guarantee scheme up to 100,000
Conditions for annuity exemption
If you receive severance pay, you may be entitled to full or partial tax exemption (the so-called annuity exemption). The following conditions apply in order to receive a full or partial exemption:
- The insurer with which the annuity exemption is placed is named by law.
- The annuity exemption may not arise from an early retirement scheme or (pre)pension scheme. This arrangement may not have been surrendered, alienated or impure.
- The former employee must receive the periodic benefits. This must take effect before the ex-employee turns 66.
- If the former employee dies before the age of 66, the periodic benefits will be paid to the spouse/partner and/or children under the age of 30.
Depending on the amount of the golden handshake (severance payment), you choose between a Stamrecht BV or a deferred annuity policy. The limit is around 20,000. If the golden handshake is greater than 20,000, then a Stamrecht BV is the most interesting. For a lower amount, it is advisable to set up a deferred annuity policy.