Can the tax authorities still impose a provisional assessment on assets?

You have received a provisional assessment for 2022 that you must pay in eleven installments. The first installment must be on the account of the Tax Authorities before March 1. In your case, capital is also taxed with this assessment, at 31 percent on a fixed return. The Supreme Court declared this yield tax illegal in December. Will the Tax and Customs Administration still adjust the provisional assessment, you ask. Or do you have to do it yourself?

A fair question. The Tax and Customs Administration calls on everyone to file an income tax return from 1 March, as usual. Also when it comes to filling in and apportioning savings and investments in box 3. The final assessment for 2021 will be imposed in line with the ruling of the Supreme Court.

But you simply have to pay the provisional assessment. According to the rules of the Tax Authorities, you can only stop such an assessment if you receive money back from the Tax Authorities and not if you owe money. This rule has not been adjusted, so that the capital tax will remain in effect. “The final assessment for 2022 will be imposed in line with the ruling of the Supreme Court,” the tax authorities promised. In short: you have to pay and wait until mid-2023 for the restoration of rights.

You can adjust a provisional assessment. You must then log in to Mijn Belastingdienst with your DigiD, make changes and resubmit the data.

The Supreme Court has ruled that only taxing actual returns meets the right to freely dispose of property under the European Convention on Human Rights (ECHR).

You can estimate how much return you expect to receive in 2022. For example, with 200 thousand euros in savings, that is 100 euros. The problem is that you cannot indicate this amount anywhere on the digital form for the provisional assessment. You can only enter your capital and the program will then automatically calculate the tax based on the fixed return. According to this now outdated software, your return is 5,230 euros or 1,794 euros if you have a partner. You pay 31 percent tax on this. As a citizen, you therefore pay the bill for the government’s failing ICT policy.

You could also specify a lower power, approaching the true return. A complicated calculation. At 100 euros return, that is 5,500 euros taxable capital. So the capital exceeds the exemption. The tax authorities say that such a creative solution is not allowed. Entering another capital is incorrect and an offense for which you can be fined.

That is not true. You do not have to give the tax authorities a credit. You may complete the form in such a way that it corresponds to the decision of the Supreme Court. This is not only about rich savers, but also about people with small capital who have to supplement their pension while inflation is raging.

Reinout van der Heijden is editor-in-chief of the Geldgids. Have a question yourself? Money [email protected]