News item | 26-04-2023 | 15:47
The government sees several possibilities for refining the current provisions of box 3, as they read after the entry into force of the Bridging Act box 3. Research has recently been carried out into this in response to the desire from society and both the Senate and the House of Representatives to during the bridging period to approach the actual return as closely as possible. Final choices about the refinement will be made later this year.
In the bridging phase from box 3 to the introduction of a new system, the fixed return for savers in particular fits in well with the return actually achieved. Because the category ‘other assets’ in box 3 consists of many different assets from which returns can vary, it was examined whether this category in particular could be further refined. Recently, in response to a number of motions from various Members of Parliament, it has been investigated whether refinements are possible for the Bridging Act.
Refinement options
This study revealed a number of options for refinement, with which the fixed return for some assets could be closer to the actual return achieved. The first option is to place the shares in the assets of a reserve fund of an Owners’ Association (VVE) and the money in a third-party account of a civil-law notary in the bank balances category. The second option is no longer including (defiscalizing) mutual claims and debts in box 3 that are processed in a joint tax return, including set-off clauses between spouses based on a prenuptial agreement. The third option is to create a separate category for receivables, giving them the same fixed rate of return as debts. This mainly concerns claims in the form of money between natural persons. The fourth option is to split the ‘other assets’ category into several categories, including a separate category for securities and for immovable property, with each category receiving its own lump sum. In addition, research is being carried out into an additional measure, namely increasing the tax credit for green investments.
The government intends to introduce two measures: shares in the assets of a VvE and in the money in a third-party account of a civil-law notary to the bank balances category and the defiscalisation of mutual claims and debts in box 3 that will be processed in a joint tax return . These options ensure that the levy is more in line with the actual return achieved. Both options were already promised during the consideration of the Bridging Act box 3 last year in both Houses of Parliament and the government therefore intends to elaborate these options into legislation. Whether the other two refinements will be implemented will be decided later this year.
Property
It is also being investigated how real estate can best be taxed in a system based on actual returns. The government believes it is important to keep an eye out for signals from, for example, private investors in real estate. A combination of a number of variants is considered for taxing real estate. For example, the taxation of the actual income such as rent, lease and leasehold income (canon) is being examined. And to taxing the value development of real estate, whereby a distinction is made between residential and non-residential properties. In addition, it is being investigated whether it is possible to tax the own use of real estate that falls in box 3. Another option being considered is taxing real estate, including land, as a result of other activities (ROW) in box 1.
It is also being investigated when these variants can possibly be introduced, so that they may also apply for the bridging period, the period until the new law in 2027.
New system
No decision has yet been taken on the final form of the new system. At the same time, the planning must be realistically looked at. After all, a careful legislative process and implementation by the Tax and Customs Administration and chain partners take time. As a result, the entry into force of a system based on actual returns is now planned for 1 January 2027. On 9 May, State Secretary Van Rij will debate the new box 3 system and possible refinements with the House of Representatives.