Tax deductible expenses for maintenance obligations
Last updated:
19-11-2021
Dutch family law creates a variety of legal obligations for the maintenance of, in particular, family members. The most common example is the obligation to pay alimony to a former spouse after a divorce.
For the levy of income tax in the Netherlands certain maintenance and alimony payments (in Dutch: "onderhoudsverplichtingen") are deductible.
Under certain conditions and within certain limitations amongst others the following maintenance payments are tax deductible:
- certain periodical payments and provisions directly originating from family law (like alimony), with the exception of such obligations towards parents, children, brother-in-law and sister-in-law;
- certain lump sum payments as a replacement of the aforementioned periodical payments and provisions to the former spouse;
- certain recouped amounts for state maintenance allowances and expenses (“bijstandsuitkeringen”);
- certain obligatory payments for the settlement of pension rights in relation to a divorce or separation, as well as annuities and other maintenance contributions if the premiums are deductible as maintenance payments.
- certain legally enforceable periodical payments and provisions based on a legal obligation for the compensation of the loss of life maintenance;
- certain legally enforceable periodical payments and provisions based on an urgent obligation for life maintenance.
The above information is prepared with utmost care, but it cannot be guaranteed that the rules have not changed since the date of publication or that your personal situation triggers the application of specific rules which deviate from the above. Before you use this information we therefore strongly recommend that you consult us to determine your personal Dutch income tax position. If you require our follow up, you can contact us via e-mail or call us at our offices in Amsterdam + 31 (20) 570 9440 or Rotterdam + 31 (10) 2010466. |