Work Published September 28, 2024

Working Remotely from the Netherlands on DAFT

How to maintain your US job while living in the Netherlands, tax implications, and legal requirements for DAFT visa holders.

Remote work Netherlands

One of the most attractive aspects of the Dutch-American Friendship Treaty (DAFT) is the flexibility it offers for remote work arrangements. Many Americans successfully maintain their US employment while living in the Netherlands, but this requires careful legal and tax planning to ensure compliance with both countries' regulations.

DAFT Visa and Remote Work Basics

The DAFT visa requires you to operate a Dutch business, but this business can provide services to your former US employer. This creates several possible arrangements:

Consulting Agreement

  • • Register as independent contractor
  • • Invoice US company for services
  • • Maintain business relationship
  • • More flexibility and control

Employee + Side Business

  • • Remain US employee part-time
  • • Operate separate Dutch business
  • • More complex tax situation
  • • May require employer approval

Legal Requirements for DAFT Remote Work

Business Registration Requirements

To comply with DAFT requirements, you must:

Register with KvK (Chamber of Commerce)

Officially register your business activities in the Netherlands

Maintain €4,500 Investment

Keep minimum investment in business bank account and use for business expenses

Demonstrate Active Business

Show genuine business activity through invoices, contracts, and financial records

File Annual Reports

Submit required business documentation to maintain DAFT status

Transitioning from Employee to Contractor

Key Considerations

  • • Negotiate transition timeline with current employer
  • • Establish clear service agreements and deliverables
  • • Set appropriate consulting rates (often 25-40% higher than salary)
  • • Define intellectual property and confidentiality terms
  • • Plan for benefits replacement (health insurance, retirement)

Tax Implications

Dutch Tax Obligations

As a Dutch tax resident operating a business:

  • Income Tax: Business profits taxed in Box 1 at progressive rates (36.97%-49.5%)
  • VAT Registration: Required if annual turnover exceeds €20,000
  • Social Security: May be exempt as entrepreneur, but consider voluntary participation
  • Business Deductions: Office expenses, equipment, travel, professional development

US Tax Considerations

US citizens must still file US tax returns and consider:

Foreign Earned Income Exclusion

  • • Exclude up to $120,000 (2023) from US taxes
  • • Must meet physical presence test
  • • Applies to self-employment income
  • • File Form 2555

Foreign Tax Credit

  • • Credit for Dutch taxes paid
  • • Can't combine with FEIE on same income
  • • May be better if Dutch rates higher
  • • File Form 1116

Setting Up Your Remote Work Business

Business Structure Options

Eenmanszaak (Sole Proprietorship)

Most common for DAFT remote workers

Advantages:

  • • Simple setup and administration
  • • Lower costs
  • • Direct profit extraction

Disadvantages:

  • • Personal liability
  • • Limited growth options
  • • No separate legal entity

BV (Limited Liability Company)

Better for higher-income remote workers

Advantages:

  • • Limited personal liability
  • • Tax optimization opportunities
  • • Professional credibility

Disadvantages:

  • • Higher setup costs (€1,000+)
  • • More complex administration
  • • Annual filing requirements

Setting Competitive Rates

When transitioning to consulting, calculate your rates carefully:

Rate Calculation Formula:

Base Rate = (Annual Salary + Benefits Value) ÷ Billable Hours

Consultant Rate = Base Rate × 1.25-1.4 (markup factor)

Markup covers business expenses, taxes, vacation time, and profit

Managing International Employment

Employer Considerations

Your US employer needs to consider several factors:

  • Payroll Compliance: May need to register for Dutch payroll taxes if you remain an employee
  • Permanent Establishment: Risk of creating Dutch tax presence through your work
  • Data Protection: GDPR compliance for EU data handling
  • Employment Law: Dutch labor laws may apply to employment relationships
  • Time Zone Management: Operational considerations for collaboration

Working Hours and Productivity

Best Practices

  • • Establish clear core hours overlap
  • • Use project management tools
  • • Schedule regular check-ins
  • • Maintain professional workspace
  • • Document work progress clearly

Time Zone Management

  • • Netherlands is 6-9 hours ahead of US
  • • Plan meetings during overlap hours
  • • Use asynchronous communication
  • • Be flexible during US urgent needs
  • • Respect work-life boundaries

Common Business Expenses and Deductions

Deductible Business Expenses

Expense Category Examples Annual Cost
Home Office Rent portion, utilities, internet €2,000-4,000
Equipment Computer, monitors, furniture €1,000-3,000
Software & Tools Professional software, cloud services €500-2,000
Professional Development Courses, conferences, certifications €1,000-5,000
Travel Client visits, business trips €2,000-8,000

Challenges and Solutions

Common Challenges

Isolation and Communication

Join coworking spaces, expat groups, and maintain regular video calls with colleagues

Currency Fluctuations

Consider currency hedging or adjust rates based on exchange rate changes

Benefits Gap

Arrange private health insurance and retirement savings to replace employer benefits

Administrative Complexity

Work with accountants familiar with US-Dutch tax situations

DAFT Renewal Considerations

Maintaining DAFT Status

For DAFT renewal, you must demonstrate:

  • Continuous Business Activity: Regular invoicing and business transactions
  • Financial Records: Proper bookkeeping and tax filings
  • Investment Maintenance: €4,500 minimum still in business account
  • Legal Compliance: All Dutch business regulations followed
  • Tax Compliance: Current on all Dutch and US tax obligations

Success Metrics

Immigration authorities look for:

  • • Consistent business income over €20,000+ annually
  • • Professional business setup and operations
  • • Contribution to Dutch economy through taxes and spending
  • • Integration into Dutch society

Getting Started Checklist

Before You Move:

  • ☐ Negotiate transition with current employer
  • ☐ Research Dutch business registration requirements
  • ☐ Plan tax strategy with international tax advisor
  • ☐ Set up business banking arrangements
  • ☐ Arrange health insurance transition

First Month in Netherlands:

  • ☐ Register with municipality (BSN)
  • ☐ Open Dutch business bank account
  • ☐ Register business with KvK
  • ☐ Set up accounting system
  • ☐ Arrange professional workspace

Ready to Start Your Remote Work Journey?

Our team can help you structure your business, navigate tax obligations, and ensure DAFT compliance while maintaining your US employment.

Get Remote Work Guidance