1In short
2The tax treaty
- Employment income
- Art. 15: taxed in the country where the work is done
- 183-day exception
- The home country keeps the right only for a stay of 183 days or less in any 12-month period, paid by an employer from the home country and not borne by a branch in the other
- Resident of both?
- Art. 4(2): permanent home, then centre of vital interests, then habitual abode, then nationality
- Dutch relief
- Art. 23(2): exemption by reducing Dutch tax
- Poland's relief
- Art. 23(5)(a): credit for the Dutch tax, up to Poland's own tax on it
3Living in one country, working in the other
If you live in Poland and work for a Dutch employer (or the other way round), the employer's country taxes the pay for the days you work there, and your country of residence the pay for the days you work at home or elsewhere in that country. There is no official formula; in practice the salary is split by working days.
Example: €60,000 a year, 220 working days, of which 2 days a week at home (88 days).
| Salary | |
|---|---|
| Taxed in the Netherlands (employer's country) | €36,000 |
| Taxed in Poland (country of residence) | €24,000 |
Poland then relieves double tax on the Dutch part: it taxes the whole salary and deducts the Dutch tax, up to its own tax on that part.
4Moving from Poland to the Netherlands
From the day you live here, the Netherlands taxes you as a resident. Before that it taxes nothing, because you neither lived nor worked here. For your first year you file an M-form (migration return), due 1 July of the following year.
Poland uses the calendar year. Your Polish residence ends on the day you move if your centre of vital interests moves with you; a family and home left in Poland keep you resident there.
With the 30% ruling the Dutch tax is lower. The M-form estimator and the cross-border calculator work out your own dates and salary.
6Checklist
Part of Cross-border tax in the Netherlands. Per country: Germany · Belgium · The United Kingdom · India · Poland · Romania. Work out your own case with the cross-border salary calculator.
Sources
This article is based on these official pages. If anything here differs from them, the official page is right.
Ready to run your own numbers?
Cross-border salary calculator
5Social security
Within the EU you pay social security in one country only. A Dutch employer means Dutch social security, unless you live in Poland and do 25% or more of your work there: that indicates a substantial part, and then Poland's system applies (Regulation 883/2004 Art. 13; 987/2009 Art. 14(8)).
Working from home between 25% and 50% of the time? Under the EU framework agreement on cross-border telework (since 1 July 2023), employer and employee can jointly ask to stay in the employer's system, if Poland has signed it too; check with the SVB.
Posted to the Netherlands by an employer in Poland? Its social security can continue for up to 24 months with an A1 certificate (Art. 12).