Check that your commercial activities qualify as a business
When do you have a business? KVK and the Belastingdienst (Dutch Tax Administration, in Dutch) use several criteria:
- how much profit you make
- how independent you are as an entrepreneur
- how much money you invest in your business
- how much time you spend on your business
- what the value of your company is
- how many customers you expect to have
- how much risk you run with your business
- which provisions you have made for liability
Under 18? You are a minor
The Burgerlijk Wetboek, the Dutch Civil Code, states that minors can only perform legal actions if they have permission from their legal representatives. In other words, your parents or guardians. This includes actions such as taking out a subscription for a mobile phone, a bank loan, and signing contracts. Bring a parent or guardian when you go to KVK to register. If you are 16 or 17 years old, you can apply for limited legal capacity (handlichting). If it is granted, you can perform these actions yourself.
Are you turning 18? In most cases, your parents do not have to take any action. Unless they signed a power of attorney and want to revoke it. KVK does not notify your parents of this. They can revoke the power of attorney online in the Report a change section of the KVK website.
16 or 17? Apply for limited legal capacity
Do you not want to keep asking your parents for permission to perform legal actions? You can apply to the district court for limited legal capacity. With it, you are no longer considered handelingsonbekwaam– legally incapable. And you are responsible for your own actions.
You can only apply for limited legal capacity when you are 16 or 17 years old. You need your parents’ or guardian’s permission to apply. You cannot nominate anyone else. Once you turn 18 and become a legal adult, the limited legal capacity is automatically cancelled.
Under 16? You need permission for everything
Are you under 16? You cannot apply for limited legal capacity yet. You will have to ask your parents or guardian for permission for every major action. They will have to give the permission in writing. And they are responsible and liable for your actions. Can you not get permission? Then your legal action is invalid. Your parents or guardian have 3 years in which to undo your action.
You have to go to school until you are 16
In the Netherlands, education is compulsory until and including the year in which you turn 16. In other words, you have to go to school. Are you 16, but did you not graduate from the havo, vwo, or mbo? In that case, you lack the basic qualification for starting a business. You will have to follow an education until you are 18.
Register your business with KVK
You have to register with KVK, this is no different for minors. KVK usually takes care of your registration with the Tax Administration as well. Bring a parent or guardian to the appointment at the KVK office. Unless you have limited legal capacity, in which case you can simply bring proof of that.
Shielding your visiting address
In some cases, you can shield your visiting address in the KVK Business Register. For example, if you are threatened and do not want anyone to be able to look up your address. If you shield your visiting address, you have to register another address, like a P.O. box.
Read more about shielding your address on the KVK website.
Choose the right legal structure for you
When you start a business, you have to choose a legal structure. Use our helpful tool to choose a legal structure that suits you.
You have to pay taxes
If you make a profit, you have a source of income. The Belastingdienst will likely view you as an entrepreneur for income tax purposes. This means you have to pay taxes over the profit you make with your business.
You have to file your income tax return yourself. You will also receive an assessment for the Healthcare Insurance Act premium. How much you have to pay depends on your income.
Your tax return impacts your parents’ tax return as well. They are taxed for any capital you have in Box 3.
In addition to income tax, you will probably have to pay turnover tax (btw, VAT) on products or services.
Income does not affect child benefit
Are you 16 or 17, and do your parents receive a child benefit for you? How much money you earn in your business makes no difference for the amount of child benefit they receive.