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Eligibility Criteria for S&O Payers in WBSO

Eligibility Criteria for Companies with Employees in WBSO

Companies with employees (S&O-inhoudingsplichtigen) are entities that directly conduct research and development (R&D) activities and have employees engaged in these activities. These entities can range from large multinational corporations to small and medium-sized enterprises (SMEs). Companies that meet the following criteria may be eligible to apply for WBSO as S&O Payers:

  • Employment: The company must be an employer with employees who are actively involved in R&D activities. This means that the work must be performed by employees on the payroll. Freelancers or external contractors working on the project cannot be directly included under the wage tax reduction provided by WBSO, even if they contribute to R&D efforts. Only payroll employees are eligible for the tax reduction.
  • Systematic R&D Activities: The R&D activities must be systematically organized, meaning that the company’s research is structured and methodical rather than incidental or ad-hoc. Having an established research process in place is key to meeting this requirement.
  • Location: The R&D activities must be carried out within the European Union (EU) or the European Economic Area (EEA).
  • Type of Activities: The focus should be on technical-scientific research or the development of new or improved physical products, production processes, or software that involve significant innovation.
  • Freelancers and WBSO: Although freelancers and external contractors can contribute to a company’s R&D activities, their hours and work cannot be included in the wage tax reduction calculation for WBSO purposes. This is because WBSO is specifically designed to reduce wage costs for payroll employees involved in R&D. As such, businesses are encouraged to employ R&D staff directly to fully benefit from the tax reductions offered by WBSO.


    Positive Example

    A medium-sized technology company, Company A, engages in R&D activities to develop a new type of battery with higher energy density. They have a dedicated R&D team, consisting of employees on the payroll, working on this project. Their research is systematically organized and conducted within their European facilities. This company qualifies as an S&O Payer because they meet all the required criteria and have the necessary payroll employees to claim the tax benefits.


    Negative Example

    Company B, a digital marketing agency, employs freelancers to update their software tools and maintain their website. These activities are routine and do not involve significant technical-scientific research or innovation. Additionally, because Company B relies on freelancers, it does not have eligible payroll employees to claim the WBSO wage tax reduction. Therefore, Company B does not qualify as an S&O Payer under the WBSO scheme.

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