News item | 2023-04-20 | 13:18
The Tax and Customs Administration will suspend the imposition of final assessments and the handling of box 3 objections for the years 2017 to 2022 until a new Supreme Court judgment. This only applies to assessments with box 3 income that consists of more than just bank balances, such as income from shares or real estate. After all, with only bank balances, the fixed return is (virtually) equal to the interest actually received. Several cassation proceedings are currently pending at the Supreme Court, in which the central question is whether the restoration of rights in box 3 is sufficiently in line with the Christmas judgment. The outcome of these procedures may be important for determining assessments with box 3 income. And for the outcome of objection procedures against these attacks. This approach is the result of constructive consultation with umbrella organisations.
By retaining the objections and final assessments, taxpayers do not have to litigate themselves in order to be able to claim if the outcome of the ongoing cassation proceedings is favorable to them. These agreements make the assessment and objection process less burdensome for taxpayers and tax intermediaries, and more manageable for the Tax and Customs Administration. The handling of the objections and the imposition of the assessments will take place after the judgments of the Supreme Court. This does not change the legal position of the interested parties. It is not yet known when the Supreme Court will deliver its judgment.
Preliminary assessments
Provisional income tax (IH) assessments for 2021 and 2022 will be imposed. The Redress of Rights Act box 3 is the framework for this. This applies both to the provisional assessments that lead to a refund and to the provisional assessments that lead to an amount to be paid. On the one hand, this prevents stakeholders from having to wait longer for their money. On the other hand, tax interest is prevented from being charged over a longer period. Requests for revision of a provisional assessment and objections against earlier rejection of such a request will also be put on hold.
If taxpayers have already received a final assessment for the 2021 tax year with box 3 income that consists of more than bank balances, they must submit a timely notice of objection if they do not agree with the assessment.
Implementation of legal restoration
The Ministry assumes the sustainability of the Redress of Rights Act box 3. The legislator has sought a balance with the restoration of rights. For example, on the one hand there is the need to bring the box 3 levy more into line with reality, but on the other hand there is an eye for the practical possibilities, given the large numbers of taxpayers involved and the implementation capacity of the Tax and Customs Administration . That is why a generic regulation has been chosen that can be implemented largely automatically, whereby no additional information needs to be requested from the taxpayer. Although the calculation does not yet fully approach reality, it is much closer to the actual return. As a result, the Christmas judgment is generally implemented in a reasonable manner.