Equalization of self-employed and employee pensions: additional clarifications
2 min read
From 2022, the tax administration is imposing a new proportional calculation method for the "estimated statutory pension" (or GWP). The GWP plays an important role in the 80% rule. The 80% rule determines how much premium your company can pay into your IPT (an individual pension commitment funded by your company).
The new calculation rule for the GWP takes into account, on the one hand, whether the career years were worked before or after 2021, and, on the other hand, your social status during those career years.
- For the career years you worked as a self-employed person before 2021, the statutory pension is estimated at 25% of the gross annual salary for 2020. - For the career years you worked as a self-employed person from 2021 onward, and also for the career years you worked as an employee before 2021, the statutory pension is estimated at 50% of the gross annual salary.
It is therefore important to examine your 80% limit closely before the end of the year and recalculate it. This way, you can be sure that you benefit from a fully tax-deductible premium within your company.
The question, however, is how to proceed in the event that an excess over the 80% rule is established. This week, an addendum to Circular 2022/C/33 was published. This addendum contains clarifications and the administrative tolerance regarding costs to be carried forward. It comes down to the fact that "The pension institutions and companies will (...) have the necessary time to gather the missing information and to adjust the amount of the premiums due from 2023, taking into account the amounts overpaid during the course of 2021 and 2022."
For assessment years 2022 and 2023, the tax administration provides for a tolerance. The portion of the premiums that would not be deductible under the new calculation method is not treated as a disallowed expense. In this case, the excess must be booked via account 49 (costs to be carried forward). In this way, the excess is treated as an advance on the premium that your company will pay in 2023. This, of course, on the assumption that premium can be paid in 2023. Otherwise, the premium paid will still have to be disallowed.
The tolerance does not apply to contracts with an end date in 2021, 2022, 2023. Nor does it apply to the portion of the premium relating to a backservice payment that you apply during the last five years of the contract.
Also read more on this topic on this website:
Equalization of self-employed and employee pensions: what are the consequences for your IPT?
Questions about your own situation?
This article is general information. Your adviser will look at what it means for you.