Dutch parliament greenlights new Box 3 tax, set to take effect in 2028
Despite considerable resistance, a large majority in the lower house of the Dutch parliament approved a new system for taxing the returns on assets, also known as the Box 3 tax. The new system, which taxes returns based on the actual increase in the value of assets, is set to take effect in 2028.
The Dutch government had to change the Box 3 tax after multiple courts ruled that the current system is unlawful. The current system taxes assets based on fictive gains - how much the Tax Authority assumes assets have increased in value over the taxable period, based on past returns. The Tax Authority also calculated the tax based on an assumed distribution of assets across savings and other investments, called the “asset mix.”
In years of low interest rates, for example, this resulted in people paying tax on returns they never actually received. The new system will tax the actual gains on the actual assets a person has.
The new Box 3 tax is set to be implemented in 2028. In the meantime, the Tax Authority is still taxing people's assets based on assumed returns, but taxpayers can receive a reduction if they can prove that their realized returns were lower. This approach costs the Tax Authority a significant amount of extra work.
The Tweede Kamer greenlighting the Box 3 reform is not the end of the issue. A majority asked the new Cabinet to, once the new system is implemented, change the way in which returns on things like stocks, bonds, and cryptocurrencies are taxed.
The new system taxes the unrealized gains on these assets - the profits of investments that have increased in value, but haven’t been cashed out yet. Parliamentarians don’t like that this will result in people paying tax on money they don’t have yet. A majority, therefore, asked the government to come up with a way in which investors only pay tax on realized returns - money in their pocket once they sell the asset involved. They want the government to present that plan by Budget Day 2028 at the latest.
The Box 3 reform is costing the government billions. Not only does it have to refund overpaid capital gains taxes, but affected taxpayers may also be entitled to interest on those repayments. The Ministry of Finance has not yet formally decided whether the interest—known as belastingrente in Dutch—will be paid.
