Netherlands: Policy statement on “Box 3” (wealth tax) restoration of rights
How rights under Box 3 will be restored and how the new Box 3 income will be calculated according to the flat rate savings option
How rights under Box 3 will be restored
The Deputy Minister of Finance on 30 June 2022 released a policy statement regarding the restoration of rights under “Box 3” (the wealth tax regime).
Background
The Dutch Supreme Court (Hoge Raad) in December 2021 held that the Box 3 tax regime for the years 2017-2022 was contrary to the European Convention on Human Rights (ECHR) (the “Christmas judgment”).
In late April 2022, the Deputy Minister in a letter to the Lower House of Parliament focused on which taxpayers under Box 3 were to have their rights restored and how this would take place. Read TaxNewsFlash
Policy statement
The June 2022 policy statement sets out how rights under Box 3 will be restored and how the new Box 3 income will be calculated according to the flat rate savings option. The policy statement applies to all taxpayers who benefited from savings and investment (that is, Box 3 income) in the years 2017 through 2022—or in one or more of those years—for whom the tax assessment is not yet irrevocable, was not yet irrevocable on 24 December 2021 or has not yet been imposed.
According to the policy statement, the new Box 3 income will be calculated in four steps and for each calendar year separately.
Read a July 2022 report prepared by the KPMG member firm in the Netherlands
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