The day before Christmas, the Supreme Court ruled that the Box 3 tax imposed by the tax authorities for 2017 and 2018 violated the right to property and the prohibition of discrimination. In doing so, the Supreme Court put a limit on the fixed return, which means that savers pay tax on a return they did not provide.
The tax authorities sent out the interim assessments in December and also this month. As a result, it was not possible to address the findings of the judgment in the assessments now imposed by the tax authorities.
The outcome of the decision – also for tax year 2022 – will be determined. If it turns out later that this does not affect the tax you have to pay in 2022, it will be returned automatically in the final assessment in 2022, tell the tax authorities.
It remains unclear whether all savers who have settled with the tax authorities in Box 3 will be compensated as a result of the ruling. Only politicians can decide on this, otherwise only 60,000 savers who actually objected would be eligible for this compensation and more than a million other savers would be surprised.
Meanwhile, the CDA and the VVD have raised parliamentary questions about the Supreme Court’s harsh ruling. The parties would like to know, among other things, how much it would cost the state treasury if all savers who fall into box 3 were compensated and whether new similar data were taken into account for tax years after 2018.
Former Foreign Minister Hans Villbreev (D66) from Finance has announced that from 2025 onwards, the real returns to savings will be calculated in Box 3. This has now set the task for his successor Marnix van Rijk (CDA) as Secretary of State for Taxation and Tax Administration.
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