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Undeclared work fine and other risks – latest updates

Outside office hours and on weekends, what to do or even just undeclared work. It sounds alluring. No tax and no premiums, so more money left. Undeclared work happens in all kinds of sectors: think of construction, catering, cleaning (help at home), but also in other sectors earn a lot of money. In short, undeclared work is forbidden and there are also sticks different risks.

What is undeclared work?

According to the Dikke van Dale, undeclared work is understood to mean: doing paid work without there tax or social security contributions. Wikipedia states: undeclared work is paid performing work activities in which neither the employer nor the employee is taxed and social pay security premiums. At undeclared work you usually receive your money in cash. This ‘wages’ from which no payroll tax has been withheld is called black wages. There are different types of undeclared workers. It can even be said that everyone sometimes black has worked. You will receive a small fee for a service provided by a friend or family members and you do not report this reimbursement to the tax authorities, this is already regarded as black wages. But when we talk about undeclared work, we usually mean the real undeclared worker. This one aims to obtain extra income. Think, for example, of the painter working in the evenings and on weekends. There are also situations in which a benefit is received (Assistance, WW, WIA) and black is also added. In addition, there are also employers who pay their employees black. Sometimes this is with the knowledge of the employee, but it also happens that the employee thinks that his wages are paid in white but that the employer puts the payroll tax to be paid into his own pocket. Or think of the situation that an employer employs illegal workers.

Risks for the undeclared worker

Undeclared work is not entirely without risks. On the contrary. You are not like that as a black worker insured. If you have an accident during work, or if you cause damage, this must be removed paid for in your own pocket. In addition, you do not accrue any rights for any benefits (think of the WW or the WIA). So if you lose your job or get sick, you have to pay those costs also pay  yourself. You also do not accrue and have holiday pay, end-of-year bonus and pension you no protection against dismissal.

Undeclared work and benefits

Do you have a benefit and do you have a black job? Then this always has consequences for your benefit when this is discovered by the municipality or the UWV (often by checks or by a report from people in the area). A benefit is then retroactive withdrawn because you were not (fully) entitled to the benefit. Overpayment payment is then claimed back. In addition, you often pay a fine that just is as high as the amount to be recovered. After all, you have violated your obligation to provide information (if you have income, you must always pass this on). As you understand this is possible amount well if it turns out that you have been working black for several years.

Undeclared work and the tax authorities

If you work undeclared and the Tax Authorities discover this, you still have to pay tax about the black money earned. This is called an additional income tax assessment. Bee the deliberate concealment of income may also be subject to an offense fine impose. The amount depends on the degree to which you can be blamed and may be up to 100% of the amount of the under-taxation. Is the Tax authorities believe that there is fraud then you can also become a criminal continued. If you voluntarily improve your tax return within two years, you will not receive a fine.

 Employer and cash worker pay out

Just as for the employee, the employer applies that the Tax and Customs Administration will make an additional assessment impose. In addition to the additional assessment, a fine of € 8,000 per employee can be imposed turn into. As of October 1, 2010, these types of tax crimes have been considered “judicial.” given ‘and can therefore provide the employer with a criminal record. It should also be noted not only the direct employer is liable. In the case of subcontracting, the main employer will be punished.

Legal advice fine undeclared work

Ask yourself if you work in black if the extra money outweighs the risks you run. being an employer, ask yourself whether the money you save outweighs the high fines that can be imposed. As a result, cheap becomes expensive. Do you have problems with additional tax assessments or fines? Threatened to initiate legal proceedings become by your municipality? Then consult one of our lawyers or jurists. you can your present the case to us without obligation.

You can contact always contact our office via: (0)707522837 – info@chaterfinance.nl