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AOW, pension and tax in Hungary: the occupational pension taxed nowhere, the AOW in the Netherlands instead

The treaty with Hungary from 1986 places your occupational pension exclusively with Hungary, and Hungary declares a treaty pension to be nyugdíj — and nyugdíj is tax-free there. Your AOW works exactly the other way round: the Netherlands may tax it as the paying state, and Hungary exempts it. The government pension stays Dutch. Whoever applies for the wage tax exemption for the wrong part gets an additional assessment.

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If you live in Hungary, nobody taxes your occupational pension, and the Netherlands taxes your AOW. That's a combination you have to understand before you fill in a single form.

Three things to know up front:

  • The treaty places your occupational pension exclusively with Hungary. There it counts as nyugdíj, the Hungarian word for pension, and nyugdíj is tax-free there.
  • Your AOW works exactly the other way round: the Netherlands may tax it as the paying state, and Hungary exempts it. The government pension stays Dutch.
  • Apply for the wage tax exemption for your occupational pension only. Whoever also applies for it for the AOW is rejected or later gets an additional assessment.

The occupational pension: to Hungary, and tax-free there

The treaty was concluded in The Hague on 5 June 1986 with the Hungarian People's Republic and has never been amended. Article 18 paragraph 1: pensions and similar remuneration paid to a resident of one of the States in consideration of past employment shall be taxable only in that State. So your occupational pension goes exclusively to Hungary, without threshold and without Dutch source-state tax: the Netherlands, the country the pension comes from, may not tax it. For that you apply to the Dutch tax authority for the wage tax exemption, with a Hungarian certificate of residence. With it, your pension fund no longer withholds wage tax.

And then Hungary does something special. The Personal Income Tax Act lists what falls under nyugdíj. Point m of that list is: a benefit described as a pension in a treaty for the avoidance of double taxation. So your Dutch occupational pension is, for Hungarian law, a nyugdíj. And annex 1 of the same act says: nyugdíj is tax-free. The NAV writes it without fuss: nyugdíj is a tax-free benefit, no return is filed for it.

After the exemption in the Netherlands you therefore pay tax on your occupational pension nowhere. That's no construction and no scheme you have to apply for; it's the law.

The AOW: exactly the other way round

The treaty has a third paragraph in article 18, and that turns the AOW around: any pension paid under the provisions of a social security system of one of the States to a resident of the other State may be taxed in the first-mentioned State. So the Netherlands may tax the AOW, and the Netherlands does.

Hungary in turn exempts the AOW. Article 24 paragraph 4 says that Hungary grants an exemption for income that may be taxed in the Netherlands. That happens with progression: the exempt income counts towards the rate on the rest. But with a flat tax, one rate without brackets, that does nothing.

Income from the Netherlands Treaty Who taxes And Hungary?
occupational pension article 18(1) Hungary only nyugdíj (Szja tv. 3. § 23 m): tax-free, no return
AOW article 18(3) the Netherlands exempt (article 24(4))
lump-sum commutation article 18(2) the Netherlands too exempt
government pension (ABP) article 19(2) the Netherlands, unless resident and national of Hungary exempt
annuity outside employment article 22 Hungary only nyugdíj or the flat tax of 15%
rent from your Dutch home article 6 the Netherlands exempt

The trap is in the application. Whoever applies to the Dutch tax authority for the wage tax exemption "for my pension and my AOW" asks too much. For the AOW they're rejected. Or worse: after a wrongly granted exemption an additional assessment follows, a tax bill after the fact. Apply for the exemption for your occupational pension, and leave the AOW alone.

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The government pension and the annuity

Article 19 paragraph 2: a pension paid by the Dutch state for services rendered shall be taxable only in the other State if the individual is a resident of, and a national of, that State. So ABP stays Dutch, and Hungary exempts it. Whoever holds Hungarian nationality alongside the Dutch sees it go to Hungary. There it's tax-free as a treaty pension.

An annuity that doesn't come from employment is not a pension within the meaning of article 18. It falls under article 22, the residual article for income that falls under no other article, and goes to Hungary. But whether it counts as nyugdíj there is the question. Without that status you pay the flat tax. And a lump-sum commutation of a pension the Netherlands may tax, says article 18 paragraph 2. That's the conversation with a tax adviser who knows both systems.

What is still taxed then: fifteen percent

Hungary has one rate for income tax: 15% of the base (Szja tv. 8. §), without brackets. That touches wages, profit, rent from a property in Hungary, and an annuity that doesn't fall under nyugdíj.

Income the treaty leaves with the Netherlands you don't include in the Hungarian base, the income on which you pay tax in Hungary. That means the AOW, the government pension and the rent from your Dutch home. If you file a return for another reason, you mention it as information.

Your accrued AOW comes along in full

Apart from the tax: the SVB pays the AOW in Hungary too, in euros. In a SEPA country that happens around the 24th of the month, with at most € 0.48 in bank costs per payment. Report your move to the SVB in time, with the date, your Hungarian address and your bank details.

Your further accrual, 2% per insured year, stops on the day of deregistration. Whoever leaves before AOW age can, according to the SVB, sometimes insure voluntarily.

In Vertrekklaar this is phase 1 of 5 of the journey, step 1.2: the same steps, but for your situation — in your order, tickable, and with the deadlines watched. See the whole journey to Hungary or go straight to step 1.2 in the open plan.

What this means for your numbers →

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What this rests on

The facts in this article come from these official pages. Rules change. When in doubt, go by the source, not this article.

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