In 2019, we posted an article on our website about the changes for the deductibility of spousal support due to the changes in the Dutch tax system based on the 2019 tax plan.
These changes are now a reality. Starting January 1, 2020, there will be only two tax brackets. For the first bracket a rate of 37.35% applies (from 2021 possibly 37.10%) and for the second bracket it is a rate of 49.5%. The second bracket applies to taxable incomes from €68,507.00 per year. Only for that income category is the deduction limitation and therefore this article relevant.
Paid spousal support can be deducted from taxable income as a personal deduction. The new tax law incrementally reduces that tax deduction from 51.75% (through 2020) to 37.05% (from 2023).
A simple math example shows that the net impact of this deduction limitation can be significant. Suppose you pay €1,000.00 gross spousal support per month, you had a 51.75% deduction in 2019. This brought the net alimony amount to be paid rounded to € 483.00 per month. For the upcoming year, 2021, the deduction rate is 43% and you will pay a net rounded amount of €570.00. In 2023 (when the deduction is limited to 37.05%), you will pay a net amount of € 630.00 per month. That is a difference in 2021 of € 90.00 and ultimately in 2023 of € 150.00 net per month, i.e. € 1,800.00 per year. This does not take into account the annual legal indexation of spousal support. That indexing will be added on top of that.
The table below shows the impact of the law change including the statutory indexation. The indexation over 2022 is fictitiously set at 3%. Note! This percentage has not been set at this time and is therefore estimated in the context of the calculation example.
|
|
2019 |
2020 |
2021 |
2022 |
2023 |
Gross alimony |
€ 1.000,00 |
€ 1.025,00 |
€ 1.055,75 |
€ 1.087,42 |
€ 1.120,04 |
Deduction rate |
51,75% |
46,00% |
43,00% |
40,00% |
37,05% |
Net Alimony |
€ 483,00 |
€ 553,50 |
€ 601,78 |
€ 652,45 |
€ 705,07 |
Indexing |
|
2,5 % |
3,0% |
3.0% fictitious |
|
This table shows that over four years you will pay a net increase of € 222.07 per month in spousal support.
Changes in tax laws may trigger a recalculation of your spousal support payable. If you would likemore information about thisor would like an assessment of your situation, please contact one of our personal and family law attorneys.