Update COVID-19 measures March 2021

We have listed the most important changes for you.

Subsidy Fixed Costs (TVL)

Summary 

The Subsidy Fixed Costs offers entrepreneurs affected by the COVID-19 crisis compensation for their fixed costs. Here you can think about rent, lease, maintenance, insurance, or subscriptions. The Subsidy Fixed Costs is not compensation for wage costs. The NOW scheme can be applied for this. You are entitled to TVL if you have at least 30% loss of turnover. In addition, your fixed costs are at least € 1,500 per quarter. The fixed costs are calculated based on a fixed percentage that corresponds to your main activity.

In the schedule below you will find an overview of all conditions and differences for the TVL.

Expansion of the TVL scheme 

In the current TVL scheme, the fixed costs subsidy rate is 85%. On 12 March 2021 the Dutch government announced to increase the subsidy percentage to 100% for the second quarter of 2021. At the end of this month, the TVL for the second quarter of 2021 will be submitted to the European Commission. Approval of the European Commission is required due to the state aid rules. It is expected that you can apply for the TVL in May 2021.

SBI codes at the TVL

The amount of the Subsidy Fixed Costs is partly determined by the main activity with which an entrepreneur is registered on 15 March 2020 in the Trade Register at the Chamber of Commerce. At the beginning of this year, the ‘College van Beroep voor het bedrijfsleven’ (CBb) ruled in three cases about the TVL. The court ruled that the Netherlands Enterprise Agency (RVO.nl) may initially assume the sequence of the activities as recorded in the Trade Register. If an entrepreneur disputes that this information is correct, the RVO.nl must investigate the actual main activity of the entrepreneur.

In response to these three judgments, the cabinet has decided to include two hardship clauses in the TVL from the first quarter of 2021. A hardship clause is a possibility to deviate from the current regulation if the application of that regulation leads to unreasonable disadvantage. The hardship clauses in the TVL make it possible for entrepreneurs to qualify for the TVL based on their actual main activity, or receive a higher subsidy based on their actual main activity. This also applies if the actual main activity deviates from the activity with which a company is registered in the Trade Register on 15 March 2020.

The TVL scheme, including the hardship clauses, is currently at the European Commission for approval. After the European Commission has approved it, the RVO.nl will apply this hardship clauses in objection procedures.

Starters scheme

In January 2021, the Dutch government announced that a separate scheme for start-up companies will be introduced. This applies to starters who started a business between January 1 and June 30, 2020. This scheme will be based as much as possible on the TVL and will apply to the first and second quarters of 2021. The reference turnover for these startups will be the third quarter of 2020. Unfortunately, no more is yet known about this scheme. The Dutch government hopes startups can apply for this subsidy in May.

Start-ups started between 1 January and 15 March 2020 are also eligible for the regular TVL in the first quarter of 2021. A different reference turnover applies to these companies. In practice, however, these starters often did not qualify for the TVL because the mandatory 30% loss of turnover or the minimum fixed costs were not met.

To avoid overlap between the regular TVL and the start-up scheme, from the second quarter of 2021 starters who started between 1 January and 15 March 2020 can only use the start-up scheme.

Temporary Support for Necessary Costs (TONK) 

In December 2020, the government introduced a new scheme in addition to the existing measures: The Temporary Support for Necessary Costs (TONK). The aim of the TONK is to meet households that are experiencing a sharp decline in income due to the COVID-19 crisis and are therefore no longer able to pay their necessary bills and cannot rely on existing schemes.

The TONK falls within the scope of special assistance and is therefore carried out by municipalities. Every municipality makes its own choices when determining the target group and the amount of the reimbursement. For more information about the TONK, you can contact your municipality for more information.

Deferral of payment of tax debts

Due to the course of the corona crisis, the Dutch government has already extended the duration of the deferral of payment of taxes several times. The deferral of payment now runs until 1 July 2021 at the latest. This means that entrepreneurs must resume payment of newly arising payment obligations as of 1 July 2021. The date on which entrepreneurs who meet the conditions must start repaying their accrued tax debt is 1 October 2021. They will be given 36 months to do so.

Currently the government is considering whether further relaxations of the deferral policy are necessary. This depends in part on the duration of the current lockdown. If the economy picks up after the lockdown, many companies will be able to meet the new payment obligations. However, additional turnover is required to pay off accumulated debts. As this is still very uncertain, the government is weighing various options in the coming period, such as extending the payment term. In the second quarter of 2021, the Dutch government will announce more about this.

Questions?

If you have any questions about the COVID-19 economic measures, do not hesitate to contact us.