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When a software developer, marketer, consultant or other ‘creative’ employee creates original works, the copyright belongs in principle to the employee (and not to the employer!).
However, the employer and employee may choose to regard part of the salary as a compensation for the transfer of authors rights.
The employee enjoys a very advantageous tax rate of just 7.5% on this part, while the costs for the employer remain the same!
Wondering what the impact could be on the wages of your employees? Simulate it here for free!
Do you want an agreement with the tax authorities on the implementation of authors rights in your wage policy? Smart move!
A ruling concluded between you and the tax authorities offers you absolute legal certainty for 5 years about the correct application of the copyright regime. Among other things, you make an agreement with the tax authorities about the percentage of your employees’ gross salary that can be paid out in copyrights.
Payflip helps you obtain a ruling! Need more info? Call our co-founder Maura.
How do you request a ruling?
You usually apply for a ruling with the help of tax experts such as Payflip. A request for a ruling in usually starts with a prefiling request. This is a simplified procedure to get early feedback on whether or not your ruling request would succeed.
Once the prefiling application has been accepted, you send the official application to the tax authorities. The tax authorities will then duplicate the prefiling decision. Important: rulings do not work retroactively!
Further questions? Call our co-founder Maura!
Authors rights for freelancers en managers?
Authors rights can also be implemented for freelancers and managers. Our Creative Shelter partners are specialised in this field.
Would you like more information about this? Click below and discover what possibilities you have as a freelancer or self-employed person to increase your net income with authors rights.