Status update Wet DBA

The DBA Act was officially introduced on 1 May 2016. In addition, the government has set up a transition period of one year. We are now six months further and a lot has been discussed. Where are we now with Wet DBA in the IT intermediary sector?
WIBA IT is a member of the Bovib. Thanks to that membership, WIBA IT not know gets a lot of insight into the new law, we also have a say in the contents of the model agreements. At this moment, version 1.8 of the model agreements is ready. The Bovib is now negotiating with the IRS about small issues that are disallowed in the agreements. On the main issues, there is already an agreement with the IRS, about which more on this page shortly.
The fact that many model agreements are disapproved has raised questions and an independent commission (the Boot commission) was set up to examine the way these model agreements are evaluated. The results are expected on December 19, 2016. It is expected that it will become clear on the basis of what the agreements are judged and whether the evaluations match the expectations in the sector in question. Based on the commission’s recommendations, we hope to be able to give more information and to coordinate our processes.
Danny op ‘t Hof has attended various meetings about the new law, where he gathered valuable intel about the new legislation. He indicates that the most important change has to do with the way the activities are described by freelancers and organization. According to the new law, there must not exist a labor relation between the freelancer and the hiring party. By describing the assignment in detail, the IRS will be less inclined to start an investigation into a possible labor relation. The freelancers demonstrates being an entrepreneur rather than being on the company’s payroll.

WIBA IT has made a checklist with regard to describing the assignment. With that checklist, the assignment can be described in detail, indicating that hiring the freelancer for the activities involved was necessary. The checklist will be provided as soon as possible.

For freelancers, there are also a number of important things, to which we will dedicate an article that will shed light on all that. For now, the crucial question is: “am I an entrepreneur?”

If the answer to that question is yes, it is important to present yourself as such in all your public expressions, for example LinkedIn, Facebook, your CV, business cards, etc. So check your profile. WIBA IT is convinced that real entrepreneurs will be able to keep working as freelancers under the new legislation.

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