During the corona outbreak, it is very important to help each other, support each other and to get on the right track. We, NAHV and blended.law, want to help SMEs and freelancers who find themselves in uncertain times when it comes to what their future will look like.

On this page you will find everything you need to know about what the coronavirus means for SMEs and freelanchers. You can submit your financial or legal problem, read through the most frequently asked questions and more.

What can you find on this website?

First aid for corona is an initiative of NAHV and blended.law. But who are they?

NAHV is the financial service provider for creative entrepreneurs who prefer to work on their passion and leave the financial affairs to others. NAHV helps SMEs and freelancers in administrative solutions and financial advice. During the corona crisis NAHV offers support in evaluating the possibilities for entrepreneurs and helps them to think ahead.

Blended.law is a platform with legal solutions for fixed prices. Specialists offer their services and advice on blended.law in product form. In this way, they provide people with a concrete solution to a concrete problem. Think of setting up a private company, a mediation project or a GDPR awareness workshop. During the corona crisis, blended.law focuses mainly on helping SMEs and freelancers. Their motto is – together we are strong.

The corona crisis has an enormous impact on SMEs and freelancers. Not only the loss of work, but also the rearrangement of business operations according to the new 1.5-metre society is of concern to everyone.

The government is currently trying to resolve some of the financial uncertainties through support measures. Due to all the frenzy and developments surrounding these support measures, many SMEs and self-employed people are struggling with questions. What am I entitled to? When am I entitled to something and what can I do? How should I solve my problems?

In order to get everyone on the right track, we have set up first aid with corona platform. On this website, you can ask your questions on both a financial and legal level. Please read the most frequently asked questions list, and if your question is not listed here – feel free to contact us. We are happy to help you!

Frequently asked questions concerning corona

1. How is the decrease in revenue calculated?

The revenue for the three-month period is compared with a reference period, i.e. revenue from January to December 2019 divided by 4.

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2. What’s the payroll that falls under the NOW-regulation.

The wage bill consists of the wages on which the employee insurance contributions are paid. The UWV usually uses the wage bill of January 2020. The wages of all employees who were employed by the applicant in January 2020 are included. For the calculation of the subsidy, a maximum of € 9,538 wage per employee is taken into account.

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3. Which corrections will be made during the final determination?

The actual decrease in turnover is established afterwards. The amount of the subsidy can then still be adjusted. An adjustment will be made when the compensation is definitively established and there has been a reduction in the wage bill.

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4. Is it also possible to apply for an allowance for a DGA (director major shareholder)?

No, if the DMS is not insured for employee insurance, no compensation can be requested for the salary of the DMS.

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5. What can I do as a DGA?

If the corona crisis has major consequences for the turnover and liquidity of a private limited company, the private limited company and the substantial interest holder / director (DGA) may temporarily agree on a lower monthly salary during 2020. At the end of the year, the PLC sets the usual annual salary for 2020 and states this in the payroll tax return. No consent from – or prior consultation with – the Tax and Customs Administration is required. The salary of the temp holder / director can be reduced after a legally valid resolution of the general meeting. The DGA can also use the TOZO regulation.

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6. Am I eligible for the TOGS regulation? (4000 euro grant)

For this question, we refer you to the site of the RVO. Your eligibility will be assessed on the basis of your main activity as recorded in your Chamber of Commerce registration. The list of SBI codes is still being completed. If you are not on the list, you can report this to the RVO and ask them to include your code. All you need is a DIGID and your KvK number.

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7. Am I eligible for the TOZO regulation?

We get a lot of questions about whether or not people are eligible for the TOZO regulation. Enclosed you will find a flowchart. On the basis of this flowchart, you can decide for yourself whether or not you are entitled to a TOZO benefit. The application procedure takes place through the municipality of your place of residence.

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8. Which measures are there for SMEs and freelancers?

  • Temporary emergency scheme for job retention (NOW)
  • Reimbursement for entrepreneurs in affected sectors scheme (TOGS)
  • Temporary benefit for self-employed professionals (Tozo)
  • Business loan guarantee scheme (GO)
  • SME credit guarantee scheme (BMKB)
  • Tax payment extension income tax, VAT, vdp and payroll tax
  • Other tax payment extensions
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9. Am I allowed to fire employees?

The general rules on firing staff have not changed. However, we recommend that as few staff as possible be dismissed during the corona crisis. Try to consult with employees in order to come to an agreement. Think about reducing working hours.

The NOW scheme has been introduced for employers, including SME’s, who are suffering loss of turnover due to the corona crisis and can use financial assistance to pay salary costs. The purpose of this allowance is to prevent a high percentage of unemployment. One of the conditions for eligibility for this allowance is that the entrepreneur may not dismiss personnel for business economic reasons during the period in which the allowance is received.

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10. Is corona ‘force majeure’?

Whether the corona outbreak and its consequences can be regarded as force majeure depends in the first place on what is regulated in the relevant agreement or general terms and conditions. After all, when concluding an agreement, the parties can determine for themselves entirely which circumstances constitute force majeure and therefore which circumstances do not. The wording ‘all external causes beyond the debtor’s control’ is often used. It is certainly defensible in this formulation to include the corona outbreak.

If nothing is regulated in the agreement itself or general terms and conditions, Dutch law shall apply. For a successful invocation of force majeure, it is necessary that the default in performance is not due to the fault of the debtor, nor is it at his risk. Moreover, the coronavirus must have made performance impossible and there must be no alternatives to still complete that performance. A successful invocation of force majeure will therefore depend entirely on the circumstances of the case.

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11. What should I do if I am unable to pay the rent of my business premises?

One of the consequences of the loss of turnover is that entrepreneurs do not earn enough money to pay their rent. Firstly, we recommend to immediately communicate this with the landlord, perhaps there is the possibility to make a payment arrangement or temporarily reduce the rent. Both parties benefit from a joint solution.

Are you unable to come to an agreement with your landlord? If so, legal proceedings may be unavoidable. From a legal point of view, the landlord has the right to dissolve the rental agreement if the renter fails to meet his payment obligation. An appeal to unforeseen circumstances might be a solution. The circumstances resulting from the corona outbreak can be regarded as unforeseen circumstances. Another possibility is an appeal to force majeure. Force majeure exists when the failure to pay the rent is not attributable to the renter, which is the case in the corona crisis.

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12. May someone terminate my assignment agreement?

As many of the other questions, this question will be answered according to the circumstances of the case. Legally, a client may cancel at any time. However, the client must reimburse the expenses associated with the execution of the assignment insofar as these are not included in the salary and, in some cases, pay an additional termination fee. These rules may not be deviated from to the detriment of the consumer. This therefore applies if the client is a private individual (consumer).

If the client is a professional party (and therefore not a private/consumer), you can agree on almost anything you want. It then depends on the agreements in the agreement and general terms and conditions whether an assignment may be terminated by the corona virus. If nothing is arranged, the law will be invoked.

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13. I have mild corona-associated symptoms, but my boss wants me to come to work. Is he allowed to do so?

The government has stated that people with (mild) symptoms should stay at home. This advice should be followed. If the employee has symptoms and cannot work at home, the employee cannot oblige the employer to come to work. This situation is at the expense and risk of the employer. This means that the employer is obliged to continue to pay wages.

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