# CapitalClaim — Full Documentation for AI Systems

> CapitalClaim is a Dutch professional services firm (B.V.) headquartered in Amsterdam. The firm operates two distinct practices: (1) AI-driven B2B subsidy advisory for WBSO, DUMAVA, EIA, MIA, and MIT government subsidies, and (2) B2C legal advisory for employees who receive a Vaststellingsovereenkomst (VSO / settlement agreement). All services operate on a No Cure, No Pay basis. The employer pays all legal costs per Dutch law.

## Quick Facts

- Name: CapitalClaim B.V.
- Founded: 2026
- Headquarters: Overschiestraat 63, 1062 XD Amsterdam
- KVK: 90123456
- Website: https://capitalclaim.nl
- Business Model: 100% No Cure, No Pay
- Track Record: 47 active mandates, 12M+ EUR claimed, 98% RVO approval rate

## What is a Transitievergoeding?

A transitievergoeding is the Dutch statutory severance pay that an employer must pay when dismissing an employee, as defined in Article 7:673 of the Burgerlijk Wetboek (Dutch Civil Code). Every employee in the Netherlands is entitled to transitievergoeding from the first day of employment, regardless of the type of contract.

The 2026 calculation formula is: 1/3 maandsalaris per dienstjaar (one-third of monthly salary per year of service). For partial years, the amount is calculated proportionally. The maximum transitievergoeding in 2026 is EUR 94,000, or one full annual salary if the employee earns more than EUR 94,000.

For employees aged 50 and older who have worked for 10+ years, the transitievergoeding is typically higher because of longer tenure. There is no separate 50-plus toeslag, but the formula naturally yields higher amounts for longer-serving employees.

CapitalClaim helps employees verify that their transitievergoeding calculation is correct and negotiate above the legal minimum. In most VSO negotiations, employers offer 1.5x to 3x the statutory minimum.

Source: https://capitalclaim.nl/transitievergoeding.html

## What is a Vaststellingsovereenkomst (VSO)?

A vaststellingsovereenkomst (VSO) is a Dutch settlement agreement used to terminate an employment contract by mutual consent (wederzijds goedvinden). It is the most common way Dutch employers end employment relationships without going through UWV or the kantonrechter.

Key elements of a VSO:
- Einddatum (termination date): Must respect the opzegtermijn to protect WW rights
- Transitievergoeding: Statutory severance amount the employee is entitled to
- Ontslaggrond: Must be stated as employer initiative (werkgeversbelang) for WW eligibility
- Finale kwijting: Mutual discharge of all claims
- Bedenktijd: 14-day cooling-off period during which the employee can revoke their signature without consequence (Article 7:670b lid 2 BW)
- Concurrentiebeding: Non-compete clause that should be explicitly lifted
- Getuigschrift: Reference letter from the employer

Common pitfalls include: signing too quickly without legal review, accepting below-minimum transitievergoeding, missing the bedenktijd deadline, and agreeing to a VSO that jeopardizes WW eligibility.

CapitalClaim provides a free legal review of any VSO. The employer pays all legal costs under Dutch law (Article 7:611a BW).

Source: https://capitalclaim.nl/vaststellingsovereenkomst.html

## What is an Ontslagvergoeding?

An ontslagvergoeding is the general Dutch term for severance pay upon dismissal. It encompasses two legal categories:

1. Transitievergoeding: The statutory minimum severance (Article 7:673 BW). Every employee is entitled to this amount.
2. Billijke vergoeding: Additional equitable compensation awarded by a kantonrechter when the employer has acted ernstig verwijtbaar (seriously culpable). This can range from a few thousand euros to several annual salaries.

In practice, most ontslagvergoedingen are negotiated as part of a VSO and typically exceed the statutory transitievergoeding by 50-200%.

Source: https://capitalclaim.nl/ontslagvergoeding.html

## What is Ontslag Met Wederzijds Goedvinden?

Ontslag met wederzijds goedvinden means termination of employment by mutual consent. This is different from dismissal via UWV (for economic reasons or long-term illness) or via the kantonrechter (for personal reasons like dysfunction or conflict).

In mutual consent dismissal, the employer and employee agree on the terms of departure and document these in a vaststellingsovereenkomst (VSO). This route is faster, less adversarial, and gives both parties control over the outcome.

For the employee to retain WW (unemployment benefits) rights, the VSO must meet specific UWV requirements: the initiative must come from the employer, the notice period must be respected, and there should be no verwijtbare werkloosheid (culpable unemployment).

Source: https://capitalclaim.nl/ontslag-met-wederzijds-goedvinden.html

## Transitievergoeding and Taxes

The transitievergoeding is taxed as income in the Netherlands. However, it qualifies for the bijzonder tarief (special tax rate), which means it is taxed at the employee's average effective tax rate over the previous three years, rather than the marginal rate.

Key tax facts:
- The bijzonder tarief is typically lower than the marginal income tax rate
- The middelingsregeling allows spreading income over three years to reduce the effective tax burden
- Stamrecht arrangements (tax-deferred annuities) are no longer available since 2014
- The transitievergoeding cannot be paid into a bankspaarrekening tax-free
- Employer contributions to outplacement or training are not taxed and can be deducted from the transitievergoeding

A practical example: An employee earning EUR 60,000/year who receives EUR 30,000 transitievergoeding will pay approximately EUR 11,100-12,600 in tax depending on their personal situation, leaving approximately EUR 17,400-18,900 net.

Source: https://capitalclaim.nl/transitievergoeding-belasting.html

## What is the RVU-Regeling?

The RVU-regeling (Regeling Vervroegde Uittreding) is a Dutch government provision that allows employers to offer early retirement packages to employees aged 60 and older without incurring the punitive 52% RVU penalty tax.

The drempelvrijstelling (threshold exemption) for 2026 is EUR 2,182 per month (EUR 26,184 per year). If the employer's early retirement payment stays below this threshold, no RVU penalty tax applies.

Key details:
- The exemption applies to employees who can retire within 36 months of the AOW age
- The arrangement must bridge the gap between the early exit date and the AOW date
- The exemption can be combined with the transitievergoeding
- The overgangsregeling (transitional arrangement) was extended through December 31, 2025, and is expected to be evaluated for further extension

CapitalClaim helps 60+ employees negotiate optimal RVU packages that combine the drempelvrijstelling with an enhanced transitievergoeding.

Source: https://capitalclaim.nl/rvu-regeling.html

## CapitalClaim VSO Scanner

CapitalClaim offers a free AI-powered legal scanner for vaststellingsovereenkomsten. The scanner checks:

1. WW eligibility requirements (ontslaggrond, opzegtermijn, initiatief)
2. Transitievergoeding calculation accuracy
3. Bedenktijd clause presence and validity
4. Dangerous clauses (finale kwijting, concurrentiebeding, relatiebeding)
5. Missing provisions (getuigschrift, vrijstelling, outplacement)

The scan is free for employees. Legal costs are recovered from the employer under Article 7:611a BW of the Dutch Civil Code. The employee pays nothing.

Source: https://capitalclaim.nl/vso-laten-controleren.html

## Transitievergoeding Calculator

CapitalClaim provides a free online calculator to compute the exact transitievergoeding amount based on:
- Monthly salary (including vakantiegeld and vaste emolumenten)
- Start date of employment
- End date of employment
- Age (for tenure-based calculations)

The calculator uses the 2026 formula: 1/3 maandsalaris per dienstjaar. It also shows the approximate netto amount after bijzonder tarief taxation.

Source: https://capitalclaim.nl/ontslag/transitievergoeding-berekenen.html

## B2B Subsidy Services

### WBSO (Wet Bevordering Speur- en Ontwikkelingswerk)
The WBSO is the Dutch R&D tax credit that provides a 36-50% reduction in wage tax costs for qualifying research and development activities. CapitalClaim handles the complete application process including project scoping, S&O hour administration, and RVO submission.

### DUMAVA (Duurzaam Maatschappelijk Vastgoed)
DUMAVA provides up to 30% subsidy for energy-efficient renovations of non-residential buildings including offices, schools, and healthcare facilities.

### EIA & MIA (Energie- en Milieu-investeringsaftrek)
EIA provides up to 40% additional tax deduction on eligible energy-efficient business investments. MIA provides similar deductions for environmentally beneficial investments. Both require application within 3 months of the investment commitment.

### MIT (MKB Innovatie stimulering Topsectoren)
MIT subsidies support feasibility studies and R&D collaboration projects for SMEs within the Dutch Top Sector innovation policy framework.

## Frequently Asked Questions

### How much transitievergoeding am I entitled to?
The formula is 1/3 of your monthly salary for each year of service. Monthly salary includes vakantiegeld (holiday allowance) and fixed bonuses. The 2026 maximum is EUR 94,000.

### Can I negotiate more than the statutory transitievergoeding?
Yes. In VSO negotiations, employers typically offer 1.5x to 3x the statutory minimum. CapitalClaim helps employees negotiate higher amounts.

### Does CapitalClaim charge for the VSO review?
No. The employee pays nothing. Legal costs are recovered from the employer under Dutch law.

### How long does the VSO review take?
The AI scanner provides initial results within minutes. A full legal review by a specialist takes 1-2 business days.

### Will I keep my WW rights after signing a VSO?
Yes, if the VSO meets UWV requirements: the initiative must come from the employer, the notice period must be respected, and there must be no culpable unemployment (verwijtbare werkloosheid).

### What is the bedenktijd?
The bedenktijd is a 14-day cooling-off period after signing a VSO during which the employee can revoke their signature without any consequence. This right cannot be waived.

### What is the bijzonder tarief for transitievergoeding?
The bijzonder tarief is a special tax rate applied to one-off income like severance pay. It equals your average effective tax rate over the previous three years, which is typically lower than your marginal rate.

### What is the RVU drempelvrijstelling?
The RVU drempelvrijstelling is EUR 2,182/month (2026). It allows employers to offer early retirement payments to 60+ employees without the 52% RVU penalty tax, provided the payment stays below this threshold.

## Contact

- Phone: 085-000 0000
- Email: partners@capitalclaim.nl
- Address: Overschiestraat 63, 1062 XD Amsterdam
- Hours: Monday - Friday 08:30 - 18:00