For freelancers and entrepreneurs in the Netherlands, deciding how to structure their business can be a complex and daunting task. While many professionals understand that both sole proprietors and independent contractors operate under self-employment, the nuances of each arrangement often remain unclear.

Sole proprietors run their business as a single entity, often bearing full legal liability, while independent contractors typically provide services on a contractual basis, sometimes across multiple clients or projects. Both approaches offer flexibility and control, but the differences in taxation, legal responsibilities, and administrative requirements can profoundly impact your day-to-day operations and long-term goals.

Making the correct choice involves more than just picking the convenient option—it’s about thoroughly understanding how each structure works and what it means for your finances, liability, and professional future.

What is a sole proprietor?

A sole proprietorship—known in the Netherlands as an “Eenmanszaak”—is one of the simplest business forms. You and your business are legally the same entity as a sole proprietor. This means that all business profits, losses, and liabilities are yours personally.

Key features of a sole proprietorship include:

• Legal status: You are personally responsible for all business debts and obligations.
• Tax responsibilities: Income from the business is reported on your personal tax return. You may also need to register for VAT and can deduct business expenses.
• Advantages: Easy setup, full control over decision-making, and relatively low administrative overhead.
• Disadvantages: Unlimited liability, meaning your personal assets are at risk if the business incurs debts.

In summary, a sole proprietorship is a straightforward business structure ideal for individuals seeking simplicity and direct control over their operations. While it offers ease of setup and minimal administrative burden, the lack of separation between personal and business liability can pose significant risks.

By understanding the legal and financial implications, sole proprietors can better navigate their responsibilities and make informed decisions about whether this business structure aligns with their long-term goals.

What is an independent contractor?

An independent contractor is a self-employed professional who provides services to clients under a business-to-business agreement. Unlike a sole proprietor who may operate as a small business entity, an independent contractor generally works project-based or on a retainer, often for multiple clients.

Key features of independent contracting include:

• Self-employment: You’re not an employee; you set your own schedule, choose your clients, and determine the scope of work.
• Tax responsibilities: You handle your own taxes, including VAT registration if applicable, and invoice clients directly.
• Advantages: Flexibility to work with various clients, potential to earn more per project, and greater control over your workload.
• Disadvantages: No employee benefits like paid holidays or social security contributions, and the need to constantly secure new clients.

In conclusion, working as an independent contractor provides a flexible and autonomous approach to self-employment, allowing you to choose your clients and projects. While the independence and earning potential can be appealing, it’s important to weigh these benefits against the lack of employee protections and the ongoing need to manage your own taxes and business development. Understanding these dynamics will help you decide whether this arrangement is right for your professional and financial goals.

Key differences between a sole proprietor and an independent contractor

Though the two roles may seem similar, important distinctions set them apart. A sole proprietor runs an established business with a unified legal identity, while an independent contractor is typically engaged on a project-by-project basis under separate client contracts.

Both structures are self-employed, but how income is handled and taxed can vary. Sole proprietors report all income as personal earnings and manage VAT as needed, while independent contractors rely on invoices and may face more complex international tax obligations.

Sole proprietors bear full liability for all business debts. Independent contractors, however, often work under terms set by client agreements, which can limit certain liabilities.

Neither role comes with standard employee benefits. However, sole proprietors may have access to certain business deductions and allowances that contractors may not qualify for.

Challenges of working internationally

For both sole proprietors and independent contractors, operating internationally introduces additional layers of complexity.

• Cross-border tax implications:
  You may be taxed in multiple jurisdictions depending on where your clients are based and where you perform your work.
• Legal compliance:
  Each country has its own requirements for VAT registration, employment status, and reporting obligations, which can be challenging to manage independently.
• Misclassification risks:
  Both sole proprietors and independent contractors must ensure they are not treated as employees by their clients, as misclassification can lead to penalties and back taxes.
• Accessing benefits:
  Operating as an independent professional often means limited access to social security, healthcare, and retirement benefits, particularly when working across borders.

How a Dutch Employer of Record can help?

A Dutch EOR simplifies these challenges by acting as a local employer on behalf of sole proprietors or independent contractors. The EOR provides a compliant employment framework without sacrificing the flexibility of self-employment.

How an EOR supports independent professionals:

• Legal employment contract: You gain the stability of a formal agreement while maintaining contractor flexibility.
• Payroll and tax handling: The EOR manages salary payments, withholds taxes, and ensures compliance with Dutch and international tax laws.
• Social security contributions: The EOR ensures you’re covered under Dutch social security, improving access to healthcare and retirement benefits.
• Work permit support: For international professionals, an EOR can guide you through visa and work permit requirements.

Consider Emma, an American graphic designer working for several European clients. Handling Dutch tax regulations, social security contributions, and compliance requirements would be daunting without local representation. By partnering with a Dutch EOR, Emma secures a compliant contract, meets all tax obligations, and gains access to social benefits—all while continuing her freelance work with multiple clients.

For international contractors working with Dutch clients, read how an EOR can streamline complex employment processes while allowing you to maintain your independent status.

Choose your role easily

Choosing between a sole proprietorship and independent contracting depends on your professional goals, legal exposure, and tax needs. Understanding the key differences, especially when operating across borders, is crucial to making the best decision.

When legal and compliance challenges arise, a Dutch Employer of Record can bridge the gap, allowing you to focus on growing your business while staying fully compliant. If you’re ready to simplify your employment framework, contact us at EOR to enjoy the benefits of both worlds.