Major changes in financial corona support package

The restrictive corona measures will – unfortunately – remain in force for the time being. In view of the major impact of this, the cabinet has decided not to implement the previously announced austerity in financial support measures. In fact, the support measures are even being improved on a number of points.

Amendment NOW

From Monday, February 15, 2021, companies can apply for the fourth tranche of NOW 3.0 at the UWV. Contrary to previous plans, the NOW will not be phased out. For both the fourth and fifth installments, the maximum reimbursement percentage will even increase from 80 percent to 85 percent of the wage bill.

Below the NOW changes in an overview

Retention of Work Agreement

It may happen that a company itself has more than 20 percent loss of turnover, but the group to which that company belongs (as a whole) does not. In that case, a company can choose to submit a NOW application, where the loss of turnover is determined at the level of the loss-making operating company. Additional conditions apply for that situation. Among other things, the company must conclude a job retention agreement with the interested trade unions. In most sectors, more than one trade union is considered ‘interested’. Previously, it was unclear whether in that case an agreement had to be concluded with all unions, or whether one union was sufficient. This point has now been clarified. To conclude a legally valid job retention agreement, one (interested) trade union is sufficient. This also applies to NOW 1.0 and 2.0.

Withdraw NOW application

If a company submits a NOW application for several tranches, the periods on which the company bases the calculated turnover decrease must be consecutive. Once a specific period has been chosen in the previous application, the company cannot therefore choose which turnover period to choose for the next application. This is allowed if the NOW application for an earlier tranche is withdrawn in time. So if the application for NOW 2.0 is withdrawn before the third tranche of NOW 3.0 is requested, the company may choose the third tranche itself. A late application for withdrawal will be rejected by the UWV.

It is no longer possible to withdraw applications for NOW 1.0 and 2.0. This is different for the third and fourth installments of NOW 3.0:

  • If the company has made the withdrawal of the award decision for the third tranche of NOW 3.0 before February 15, 2021, the turnover period for the fourth tranche may be chosen itself. In the event of a later withdrawal, the periods of the third and fourth tranches must be consecutive.
  • If the company has made the withdrawal of the award decision for the fourth tranche of NOW 3.0 before April 1, 2021, the turnover period for the fifth tranche may be chosen itself. In the event of a later withdrawal, the periods of the fourth and fifth tranches must be consecutive.
  • Extension Fixed Charges (TVL)

    The TVL has also been greatly expanded for Q1 2021. It is expected that TVL Q1 2021 can be applied for from February 15, 2021. An exact application date will appear on the website of RVO, the institute where you must submit the application.

    Below the TVL changes in an overview:

    Judiciary: Major changes in financial corona support package

    If the TVL Q1 2021 is applied for, the compensation will initially be calculated and paid on the basis of the old percentage (50 – 70 percent). An addition will follow at a later time. It is not yet known when this supplement will take place.

    The TVL Q1 2021 is open to all SBI codes and therefore not only to the limited number of sectors for which the scheme could previously be invoked. However, the RVO system is not yet ready for this expansion. If a company with a newly authorized SBI code applies for TVL, that request will be rejected at this point, until the system is ready for expansion. As soon as this is possible, this will be announced on the RVO website.

    Storage Stock Closed Retail (VGD)

    Mandatory closed non-food retailers will receive the Storage Closed Retail (VGD) storage on top of the TVL subsidy in the 1st quarter of 2021. This subsidy is intended to compensate for the costs of stock that can no longer be sold and is tax-free. The VGD is intended for entrepreneurs whose main activity is registered with an SBI code that falls under closed retail trade. The VGD payment amounts to 21 percent of the loss of turnover and is in addition to the amount of TVL. The maximum subsidy is 200,000 euros. Closed non-food retailers that registered between February 29 and March 15, 2020 will receive 101 euros. The mark-up is added to Q1 TVL.

    Expected: starters scheme

    Finally, the cabinet is introducing a scheme for starting entrepreneurs who started their business between 1 January and 30 June 2020. The exact details are still being determined. The scheme, which is based as much as possible on the TVA, applies to both the first and second quarter of 2021. The reference period for these companies will be the third quarter of 2020. Entrepreneurs who started between January 1 and March 15, 2020 are also eligible for the regular TVL, in the first quarter of 2021. In the second quarter of 2021, entrepreneurs who started between January 1 and March 15, 2020 can only use the separate start-up scheme.

    Written by Ajay Heidsma. Ajay is a lawyer in the Employment Law practice group of Köster Advocaten in Haarlem. Köster Advocaten regularly deals with current legal issues here. See Kadv.nl in advocatenindemode.nl.

    Picture: Pexels


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