Bovib and Act DBA

Last year, WIBA IT joined the Bovib, a branch organization for intermediaries and brokers. In addition to the DBA Act, guaranteeing quality of our service has also been an important factor in becoming a member of this organization. Internally, WIBA IT is busy preparing for the enforcement of the DBA Act. In the coming four weeks, an article related to the DBA Act will be publishedweekly on our website.

In the meantime, WIBA IT would like to share some parts from the status update of Rob de Laat, chairman of Bovib, to inform wider public of what is happening around the DBA Act.

Bovib is developing a trademark for intermediaries to assure the quality of services provided by brokers and intermediaries.

“Recently, the NBBU launched its own Freelance Trademark. We have been asked repeatedly how our trademark is different. The NBBU trademark only involves ‘mediation’ and does not involve (ISO) processes in which intermediation plays a role, unlike our trademark.

The trademark as such is almost ready. This week, there would have been a pilot at one of the members, but on the client’s request, it was postponed to the end of the month. Behind the scenes, we are already writing the regulations and including the structure (College of Experts, et al.).”

From now on, WIBA IT would like to start using the Bovib’s Model agreement. So far, the IRS has not yet given us the green light.

“In the consultation, Boris Emmerig, our advisor in this trajectory, indicated that we had reached an agreement with the IRS. Unfortunately, the IRS has had second thoughts about the concept agreements eight times, while we thought we had reached an understanding. We have now reached version 1.9. With version 1.8, it seems the whole thing would have to start again from the beginning, when the IRS wanted a different version of article 9.2 (usual duration) to be included in our agreement. It seems, that is off the table now. Our approach is that freelancer is not ‘economically dependent’ on the intermediary/client.

Next to that, there has been consultation with the Ministry of Finance at the highest level, together with ABU, NBBU and VNO/NCW, with the primary goal of getting the ‘8 months’ off the table. While we have a clear idea how to come up with a solution to make the new law workable, it is not the case for VNA/NCW and ABU.”

“For clients and intermediaries, it is very important to know where they stand in relation freelancers’ deployment. Statements like: “benevolent entrepreneurs have little to fear”, offer no security at all unless there have clear criteria. What is a ‘benevolent’ entrepreneur? And are any entrepreneurs ‘malevolent’?

In our (Bovib’s) view, the purpose of the DBA Act is to combat exploitation and abuse. This then started to lead a life of its own under the name of ‘false self-sufficiency’, because false self-sufficiency also has no clear definition.

If we take exploitation and abuse as the starting points for the assessment by the tax authorities, then enforcement should be aimed at situations where the self-employed person is clearly the harmed party… Free will and a healthy tariff are the frameworks for this. This was our position from the start.

This approach immediately eliminates the disputed element from the legislation, while reaching the main objectives: prevention  of abuse and misuse, while maintaining the freedom to act for the right parties.”

A clear position that WIBA IT fully stands behind. Freelancers who have landed a job via WIBA IT have made a conscious choice in the past to work as an independent contractor, despite the nature and duration of the jobs in question. Our position is, therefore, that WIBA IT can keep providing the same freelancers with challenging assignments in the future. However, we are now awaiting a legal framework to cover the currently observed risks in the market as efficiently as possible, both for the freelancers involved and for the clients. In the coming weeks, this will be on the table.

In addition to the planned articles, WIBA IT will keep a close eye on the news, and we will, of course, keep everyone informed about the latest developments. You can follow us on LinkedIn, Twitter, Facebook and via the website. Hopefully, things will settle down quickly, so that WIBA IT can once again focus on what really matters, finding the best match for IT.