The final levy for an early retirement scheme (RVU) will be put on hold from 2021 to 2026. This is a consequence of the pension agreement. The relaxation of the RVU in a nutshell.
On January 1, 2006, the tax benefit for early retirement and other early retirement schemes disappeared under the VPL Act (VUT, early retirement and life course). Since then, for an early retirement scheme (RVU), you have to pay a final levy as an employer.
Covered pension scheme
Employers sometimes use leave schemes to have employees stop working earlier. These schemes thus become a kind of disguised early retirement scheme. There is such an RVU if you give your employees a benefit with which they can bridge the period until their retirement.
The tax authorities can then impose a sanction in the form of a final levy of 52 percent. An exception is a departure scheme for business economic reasons, in which you have to fire redundant employees. Then the RVU sanction does not apply. You must then clearly substantiate in your departure scheme that there are economic circumstances.
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If you want to have clarity about a departure scheme in advance, it is advisable to submit the draft text of the scheme to the tax authorities. He can then assess whether or not the scheme is an RVU. If you request this, the tax authorities can record the outcome of the assessment in a decision.
Supreme Court ruling
The Supreme Court made this assessment easier with a judgment of 22 June 2018. The Supreme Court ruled that when assessing whether a scheme is an RVU, the tax authorities should consider the objective conditions and characteristics of the scheme. In early 2019, the tax authorities therefore published a guide to the interpretation of the RVU.
A consequence of the June 2019 pension agreement is a relaxation of the RVU scheme. This is part of the bill “Amount at once, RVU and leave savings”, which the government came at the end of 2019 to offer more room for freedom of choice in the pension system.
The relaxation makes it temporarily possible for employers and employees to agree an RVU without penalty. Employers do not have to pay over an RVU from 2021 to 2025 up to an amount that corresponds net to the AOW.
A condition for this is that early retirement takes place in the last three years before the state pension age. You pay employees a kind of early AOW. They may supplement this with savings or by starting their supplementary pension earlier.
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No income gap
The relaxation prevents an income gap for employees in the period towards their retirement. In this way, the Cabinet mainly welcomes employees who have not been able to prepare for raising the state pension age and who cannot continue to work healthily until that age.
With the gross exemption of approximately 19,000 euros per year, the temporary relaxation of the RVU levy mainly focuses on early retirement of employees with lower wages.
The relaxation of the RVU tax revolves around mutual voluntariness between employer and employee. This means that both agree with the departure of the employee and the compensation he receives. Employers and employees may make further agreements about this in a collective labor agreement. The RVU exemption is a temporary measure. It is intended to take effect on January 1, 2021.
In your policy for older employees, take into account the new relaxed rules from 2021. Check within your organization which employees would be eligible and consult them before 1 January 2021. This way you ensure that you and your employees can make use of the new scheme in time.