Selene the Lawyer

Selene the Lawyer I help expats and international entrepreneurs start their businesses in the Netherlands!

(1) I set up companies, and
(2) I provide affordable, reusable contracts for businesses.

Your website’s disclaimer statement should include AT LEAST the following disclaimers…✔️ None of the website’s contents ...
22/08/2022

Your website’s disclaimer statement should include AT LEAST the following disclaimers…

✔️ None of the website’s contents should be construed as professional advice

State that non of the information on your website should be construed as being professional advice. The information is only intended for informational and educational purposes. Therefore, visitors may only use that information at their own risk ⚠️

✔️ The contents of the website may contain mistakes

You are not perfect and neither am I. We all make mistakes and sometimes that’s on our own websites 😑

It is important to have a disclaimer stating that the information provided on your website may contain errors or typos. Therefore, visitors cannot rely on that information and cannot hold you liable if they make mistakes based on those errors or typos. The visitors are, again, ultimately responsible for what they do with that information and the consequences thereof 🤕

✔️ You are not responsible for third-parties and affiliates

You may (in the future) use third-party links or ads or promote affiliates on your website. First of all, you should state that you are not responsible for the information provided by those third parties/affiliates. Second, you should make clear that the visitors are fully and solely responsible for conducting their own research and due diligence in relation to those third-party/affiliate products or services 🧐

Those are the essential disclaimer you need for your website to safely produce content without becoming liable for it.

“What is a ‘disclaimer’ and why do I need it for my website?”The disclaimer limits your legal liability for the content ...
18/08/2022

“What is a ‘disclaimer’ and why do I need it for my website?”

The disclaimer limits your legal liability for the content you publish on your website 👩🏼‍💻

Not having a disclaimer leads to claims and lawsuits when someone relies on the information on your site and suffers a negative outcome. This could be a recommendation you made for an affiliate product, your own coaching service, or advice you gave on any subject that had a negative impact on someone ⚖️

So, make sure to have a disclaimer on your website that includes various legal disclaimers to protect you.

One essential clause every coach should have in their contracts ‼️If you are a coach, you should have a disclaimer in yo...
17/08/2022

One essential clause every coach should have in their contracts ‼️

If you are a coach, you should have a disclaimer in your contract that states that you are not a licensed professional in the area in which you coach your clients.

If you are a wellness or health coach who helps with diets, for example, specifically include in your disclaimer that you are not a licensed nutritionist or doctor 👩🏼‍⚕️

If you are a business coach, specify that you not a lawyer 👩🏻‍💼

If you are a money mindset coach, specify that you are not a financial or tax advisor 👨🏽‍💼

You get the idea, right?

Such a disclaimer should also be included in your application process. Ideally, you’ll have your (potential) client check a box ✅ stating that he/she understands that you are not a licensed professional.

This way, you have covered your you-know-what in all areas, so you can not be held liable by your client for being under the impression that you are a licensed professional. You may believe that stating that you are a coach should suffice, but not everyone understands what a coach is and what is to be expected of a coach. So, make sure that this is clear to EVERYONE and that no one can be under the wrong impression of what you are on what you, as a coach, can be held accountable for.

Also, do not give such professional advice! If you are a business coach, do not provide template contracts to your clients 📄 If you are health and/or wellness coach, do not give your clients a medical diagnosis 🩺

Otherwise, you can STILL be held liable for providing professional advice when you are not a professional!

The first thing you need to do if you want to set up a Dutch limited liability company from abroad 🌍You need to do get a...
16/08/2022

The first thing you need to do if you want to set up a Dutch limited liability company from abroad 🌍

You need to do get an office address 🏢 for your future Dutch limited liability company (in Dutch ‘besloten vennootschap’, or BV in short).

If you want to benefit from the 30% ruling, make sure you don’t use the address of your residence for your BV, only a business address. Why? The 30% ruling requires you to be hired from outside the Netherlands ✈️, so using a living address in the Netherlands as your business address could prevent you from getting the 30% ruling.

07/07/2022

Today’s question I am answering is: What are the most important terms I, as a freelancer, need in my freelance agreement?

These are the essential terms included in your coaching contract:

- clauses in accordance with the requirements of the Dutch Tax Authorities, so the Dutch Tax Authorities will not assess your relationship with your client as an employment relationship;

- terms that clearly state what services you provide;

- but also terms that state what your services do NOT include, like any outcomes and results, as the client should be responsible for the outcomes, results, and its business decisions at all times;

- terms that clearly state your responsibilities as a freelancer and your client’s responsibilities on the other hand;

- terms that limit and, in most cases, exclude your liability in case something does go wrong, so you do not need to be worried about paying your client crazy compensations;

- terms that ensure you get paid on time;

- terms that protect your intellectual property rights or, if you agree to transfer your intellectual property rights to your client (the contract provides for both options), terms that provide you the right to freely re-use your materials for other purposes; and

- terms that protect you from being sued by a client or third parties.

However, besides the first point, all the other provisions mentioned are not included in the model agreements provided by the Dutch Tax Authorities on their website. That’s why I recommend my freelance agreements to provide you the protection that you need as a freelancer! Find them here: https://www.selenethelawyer.nl/contracts.


06/07/2022

Today’s question I am answering is: Should I use the model agreements provided by the Tax Authorities to avoid ‘false self-employment’ or ‘schijnzelfstandigheid’ (in Dutch)?

The Dutch Tax Authorities have provided for so-called “model agreements” on its website, which contain the clauses necessary in order for your relationship with your client to not be assessed as an employment relationship by the Tax Authorities.

However, these model agreements are only available in Dutch, not in English. You may translate the contract with Google Translate, but with contracts, it is vital that you understand every single word of the agreement, and they should not be misconstrued by either party.

More importantly, the model agreements also do not provide you with all the legal protections you need, such as:

- limitation of your liability in relation to your services or deliverables;

- protection of your intellectual property rights (that you don’t agree to transfer to the client) and the right to freely re-use the materials you provide to one client for another client;

- how and when you will get paid as a freelancer;

- what services you will and will not provide to your client and for how long; and

- in case you process personal data for your client, the necessary clauses you need to comply with the GDPR.

Therefore, I have created this contract in English which is approved by the Dutch Tax Authorities and provide you with all the legal protections you need. Find them here: https://www.selenethelawyer.nl/contracts.


05/07/2022

Today’s question I am answering is: What is ‘false self-employment’ or ‘schijnzelfstandigheid’ (in Dutch) and what does that mean for me working as a freelancer in the Netherlands?

Since you work as a freelancer or as a self-employed professional, you may have heard of the term ‘schijnzelfstandigheid’, which is translated as ‘disguised employment’, also known as ‘false self-employment’. This means that you are registered as an entrepreneur in the Dutch Trade Register (Handelsregister), but in practice, you actually exercise a professional activity under the authority of an employer. n other words, you are working for a boss. It is a situation the Dutch government wants to avoid.

The Tax Administration will assess the situation as one of employment rather than independent entrepreneurship. If the Tax Authorities see malicious intent, your client may receive a fine and will need to pay social security premiums retroactively. You as a freelancer will need to stop working for them and will lose your right to tax benefits such as the private business ownership allowance and SME profit exemption.


04/07/2022

Today’s question I am answering is: Can I freelance next to my regular job as an employee at a company?

There is no law or rule that forbids this, so yes you can. You just need to register a sole proprietorship (in Dutch: eenmanszaak) at the Dutch Chamber of Commerce. However, be mindful of three things:

(i) Make sure your employer is on board with this. If you’re not sure, check your employment contract.

(ii) If you have regular employment, you de-facto don’t get the regular freelance tax benefits because you will not meet the requirements, which are, amongst others but most importantly, the following 2 requirements:

- You must spend at least 1,225 hours on your business(es) in the calendar year. Assume you have 8-hour workdays, which comes down to about 3 days or 24 hours per week.
- You must devote more time to your business than to other activities (e.g. employment). Were you not an entrepreneur in 1 of the 5 previous years? Then you do not have to meet this condition.

(iii) You need to pay full taxes over your secondary income as a freelancer. If you already have a regular job that pays you € 69,399 per year or more, any additional income will be added on top of that and therefore taxed in the highest tax bracket (49.50%, 2022). You need to declare this the year after, along with your regular income and then pay up income tax. Make sure you pre-calculate and reserve your due taxes. You should consult an accountant about this.


03/07/2022

Today’s question I am answering is: I sometimes get paid by getting a business favor in return which helps me for commercial exposure, instead of in cash. How do I deal with this?

This is what we call a payment "in kind". You don’t get paid in cash, but in some other form or substance that is of value to you. If it weren’t of value to you, you wouldn’t be doing the work in the first place. The problem with payments in kind is that they are taxable. You need to put a price on them and add them to your taxable income. This is pretty stingy because you'd rather have had cash in the first place. And now you're going to pay taxes over money you're NOT getting. But this is the way the law goes. As a consequence, you're better off using this as an informal arrangement, rather than a formal contract for your freelance business.


02/07/2022

Today’s question I am answering is: Should I choose a sole proprietorship or a BV?

It really depends on all the facts and circumstances in your specific situation. But to give a very general answer and to keep it short:
If you’re:

a. Working as a freelancer, consultant, or another type of service provider.

b. With little or no assets.

c. Don’t plan on hiring personnel.

d. Earn less than € 100,000 per year in profit (revenue – costs).

Living in the Netherlands already: you’re most likely better off with a sole proprietorship.
If you’re: (i) planning on setting up and growing a business, involving assets, personnel, need third party investments and potential liabilities; or (ii) if you’re still living abroad and want to set up a business from abroad: the BV is the only way to go.

For more information, I have written a more in-depth blog post about this, which you can find here: https://www.selenethelawyer.nl/blog/dutch-company-types-for-solopreneurs-eenmanszaak-vs-bv


01/07/2022

Today’s question I am answering is: What is the difference between a VAT number and a KVK number?

If you have registered your company with the KVK, you will receive a KVK number. This number is stated in your excerpt. The KVK passes your data on to the tax authorities. In principle, you will receive your VAT identification number (VAT ID) and turnover tax number in writing from the Tax Authorities within 2 weeks. A VAT ID consists of 14 characters and a KVK number of 8 figures. You are required to state both numbers on your invoices. Your VAT ID number can be found on letters and forms you receive from the tax authorities.


30/06/2022

Today’s question I am answering is: What is the KvK number for?

If you have registered with the Dutch Chamber of Commerce (in Dutch: Kamer van Koophandel, or KvK in short), you will receive a KVK number after your registration. This number is your unique entrepreneurial ID, so other entrepreneurs can check who they are dealing with. You can also check the details of your clients and business partners. Think of address information, KVK number, and who the owner/director is. This way everyone can do business safely.


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