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Live in Belgium and Work in Netherlands

Question

Hello,

Firstly thanks for forum as being such good informative.

I am employed in Belgium since last 5 years (still waiting for 5 year card / permanent residence) from commune.

My wife residing in Belgium for lat 2.5 years, recently got a employee contract in Netherlands.

I am wondering what is the law applicable in my wife case ? She should obtain work permit from NL and still has to reside in NL ?

Or can she reside in BE close to border of NL ? If yes, is she liable for double taxation from both countries? From which country she should get the residence permit ?

If, I obtain my 5 years permanent residence, does this help to simplify situation ?

Thank you for answer !

J

Your wife can live in BE with you, and will pay employment taxes in NL through her employer. Her NL employment will not be taxed in BE. This is quite a common scenario. I'm not quite sure what the rules are for social security cover, but she will pay social security somewhere and will be able to get healthcare cover in BE through a mutuelle.

Your permanent residency status won't change this.

Nov 20, 2015 09:18
alittlerisky

There is a little perk for expats in Dutch employment law: if you work in NL, but live in BE, for a certain number of years you only pay something like 25-30% income tax. So yes, she can live close to border in BE and work in NL without double taxation, in fact its advantageous for a certain amount of time.

Nov 22, 2015 23:20
psujeethkumar

Thanks a lot for answers.

Her employers asked her to reside in NL and hence a residence permit from NL should be obtained.

I am under impression that she has to de-register in the Belgium and register in NL.

- In this case, can I live in NL with my temporary residence permit?
- I have contacted NL tax authorities, they confirmed that I am not liable for doubel taxation, but however a tax return should be filed in NL (mentionng no income from NL)
- I am worried about my residence permit in NL..

Thanks again for answers !

Nov 24, 2015 10:22
J

Given that she is your wife and is already living in Belgium, there is no need for her to live in NL to work there - she is legally resident in BE, and her NL employers are wrong to require her to live there.

For the same reason, there is no reason why you should not be allowed to live in NL and work in BE.

Nov 26, 2015 15:01