In most tax treaties, the dependent personal services article
states that the employee will be taxed in the employee’s
home country if the employee’s stay in the Netherlands
does not exceed 183 days (in a calendar year or a 12-month
period). Other conditions are that the salary is not paid by
or on behalf of a Dutch employer during that period and
that the employment costs are not borne by the foreign
employer’s Dutch permanent establishment during the
period of assignment. Because the Netherlands has
adopted the economic employer approach in interpreting
the term employer, the employee could be taxable from the
employee’s first day of presence in the Netherlands.