In the 2022 tax return it was still possible to choose between the new and the old system of box 3 levy. From 2023 onwards this choice is no longer possible which means the new levy is applicable. In this levy, bank accounts are taxed at a lower rate than other assets. The Tax Office assumes a fictitious return on the asset categories; for bank accounts this is 0,92% and for other assets this is 6,17%, and debts reduce this return with 2,46%. The tax-free threshold is calculated with a weighted average rate based on the breakdown of your assets into the different categories. Subsequently the net return is taxed at 32%.

There are still a number of uncertainties regarding the Box 3 levy, including the calculation of the double taxation in the case of foreign real estate. In addition, further court cases are ongoing regarding the consequences and practical effect of the Supreme Court ruling. We are closely monitoring developments and raising appeals where necessary.

We use Secudoc to guarantee the safe transfer of larger files and documents. If you want to send your files via Secudoc, please send us a request by email. You will then receive an email with a link that leads to the Secudoc upload page. After you upload your files, we can download your uploaded files only by using two-step verification. This provision is especially practical with a larger number of attachments or large files that cannot be sent in one e-mail.

The following deductions are available in the 2023 Income Tax return to reduce your taxable income:

Deductions

• mortgage interest of your first residence (owner-occupied home)
• life annuity premiums (if deposited before 1st July 2024)
• non-reimbursed health care expenses (including medical assistance, prescribed medication and travel expenses for hospital visits)
• financial obligations to ex-spouse i.e. in the form of alimony
• gifts or donations to recognized charities (refer to the ANBI list)
• travel expenses for regular commuting by public transport
• weekend expenses for taking care of disabled relatives

With the changes to the box 3 system it is important to keep your home in The Netherlands outside of box 3 if possible. Under certain conditions it is possible to keep the property in box 1. For 2024, the rate in box 3 will be increased from 32% to 36%.

If you live in the Netherlands, it is reasonably straightforward: if you live in your house yourself, the property is taxed in box 1. But if you leave the Netherlands, what happens then? There are a number of options.

Sale

Many taxpayers think that they will have to sell their home if they leave the country. Of course, it is true that you will have less to worry about. You no longer have to spend money and time on maintenance, taxes and insurance.

Rental

If it is decided not to sell the house, renting it out is usually the next option. But currently this is not very favourable in view of the box 3 changes. Renting out your home has become less profitable due to the high box 3 rate. In addition, the favourable ‘leegwaarderatio’ has been considerably restricted which further reduces profitability of rental properties. This scheme allowed real estate to be declared at a lower value under certain conditions.

And the other option?

What many people do not realise is that there are often possibilities to keep the house in box 1, even after leaving The Netherlands. Even if the house is no longer your main residence. For example, as long as the house is empty and intended for sale, the house can be declared in box 1 until it is sold. However, this means the house cannot be rented out. However, you can still make use of mortgage interest deduction.

Furthermore, if you emigrate temporarily and keep the home for your own use, it can sometimes be kept in box 1. There are a number of conditions for this. For example, you must have owned the home for at least 1 year before moving out of the Netherlands. In addition, no one else may register themselves on the address (there are a number of exceptions to this). We would be happy to examine your situation to determine whether you are eligible for this scheme.

As the new year looms on the horizon, businesses everywhere are gearing up for a fresh start in 2024. For expats who’ve made the Netherlands their new home and are venturing into entrepreneurship, finding the right tax accountant is a critical decision. Wondering why you should hire a Dutch accountant for the job? Here are four compelling reasons.

Tip 1: Navigate Dutch Tax Laws with Ease

Complying with Dutch tax laws and regulations can be a challenge. But fear not, Suurmond Tax Consultants has got your back! We ensure your filings are not only correct but also submitted on time. We also spare you the difficulty of having to communicate in a foreign language. Of course not only the language can constitute a problem, but also having to work your way through the complicated Dutch tax system often is a hard job for a foreigner. It is easy to misinterpret the system. We will guide you through the Dutch tax system with pleasure!

Tip 2: Optimize Your Tax Strategy by a Dutch accountant

Who doesn’t want to save money? Our tax accountants help optimising your tax strategy, potentially helping you benefit from incentives like the 30% ruling. Are you thinking of starting a business in the Netherlands? Then you may be able to request the 30% ruling. This means 30% of your salary is tax free. (link naar paginaaa)  If you are eligible, then the company and payroll will need to be set up before you start working. Read here how we can help you with setting up and keeping accounts.

Tip 3: Comprehensive Support and Guidance

 Starting and keeping a business running involves a multitude of financial tasks – from bookkeeping and auditing to payroll management and annual reporting. A Dutch accountant does not only offer expertise but also moral support in managing these essential aspects. Moreover, they can guide you in financial planning, investments, pensions, insurance, and inheritance, ensuring you’re on the right financial track.

Tip 4: Simplify Your Life and Save Time

Life as an entrepreneur can be hard work, and you need all the convenience you can get. Opting for a Dutch tax accountant who communicates in English streamlines your interactions with the Dutch tax authorities. No more language barriers! Plus, it just makes life easier when you have a knowledgeable Dutch accountant at your side to navigate you through the Dutch tax system.

Suurmond TaxConsultants is all for helping you start 2024 on the right financial footing. And what better way is there with a trusted Dutch tax accountant who speaks your language and the language of saving money and simplifying your financial journey! Contact us now, before the end of the year to see how we can help you.

The 30 percent ruling – a financial gem that grants you tax-free 30 percent of your salary tax-free for five years. Dubbed the “30% tax facility,” this enticing benefit extends its reach to not just employees, but entrepreneurs as well, thanks to a clever loophole. A beacon for skilled migrants, the 30% ruling boasts magnetism and, yes, a touch of controversy.Yet, this advantage isn’t an open door for every expat in the Netherlands; it rests upon a checklist of conditions.

Click here if you want to see if these conditions apply to you. But today we won’t inform you about this favourable ruling or check if you are eligable or not. If you are looking for these topics, please check out our article here! No, today we want to talk about the end of the 30 ruling. It is a big turn of events for an expat to bid farewell to the 30% ruling.

Without the 30% ruling, you can no longer opt to be considered as a partial non-domestic taxpayer. In other words, you will be treated as a full resident tax payer and you will need to be declaring foreign assets in your Dutch tax return.

Declaring foreign assets Netherlands

So if you own a second home, shares, bank accounts cryptocurrencies, NFTs, or investments, they will need to be declared in box 3. If the total sum surpasses the tax-free threshold (€50,650 per person in 2022), you will need to declare them in your annual income tax return under Box 3. Conversely, you can offset debts like a student loan or secondary home mortgage. Moreover, after your 30% ruling has ended, dividend from a major shareholdership is taxable under Box 2.

What actually is box 3 ?

Box 3 tax applies to your worldwide net wealth – savings, investments, and real estate. Taxation isn’t on asset income or gains but on an estimated yield derived from the asset value. From 2027, a new system will replace current box 3 taxation, annually taxing regular income and asset value growth, i.e. capital gains. A new system? Yes, if you have followed the Dutch news these past 2 years, you would have noticed the box 3 taxation in the front headings!

Box 3 Netherlands

Basically, The Dutch wealth tax, also known as Box 3 tax, taxes notional income from savings and investments. It’s currently undergoing changes and applies to assets as of 1 January. A recent High Court decision has led to the temporary suspension of Box 3 tax assessments. It’s advisable to await clearer guidance on reducing Box 3 tax before taking action. The High Court emphasized that the assumed investment returns can pose a significant financial burden, especially for those with savings.

Minimize wealth tax Netherlands

Once your 30% ruling terminates, you’ll be subject to regular Dutch taxation on your global wealth (Box 3 tax), which means declaring it correctly in your tax return is necessary, to avoid hefty penalties.

30 % ruling and forgot to opt for non-domestic taxation?

Even if you’re still under the 30% ruling but haven’t chosen partial non-domestic taxation, your (worldwide) assets in Box 3 must be declared. Dutch property, excluding your primary residence, is always taxable in box 3, even during the 30% ruling. Ensuring correct partial non-domestic taxation opt-in is advised, as errors are common. If you’ve overlooked this which is not uncommon, we can assist in clarifying your tax obligations.

“Dutch property, excluding your primary residence, is always taxable in box 3, even during the 30 ruling“

It is wise to let one of our experts have a look at your situation if your 30 ruling is ending. Imagine a scenario featuring a German expat whose 30% ruling concludes on January 1st, 2021. As her non-domestic taxpayer status ends, she will have to pay Dutch box 3 tax for her worldwide assets. On savings in Germany, Dutch box-3 tax is now applicable. Our tax specialists can aid her in crafting strategies to mitigate her tax obligations. One option involves reallocating savings to partially repay her Dutch mortgage, resulting in reduced box 3 tax liability, though accompanied by diminished mortgage relief. This not only cuts down the mortgage interest but also lowers savings, translating to decreased box 3 taxation.

Contact us and find out what can be done in your situation!

As you may have heard in the press, the Supreme Court ruled on 24 December 2021 that the box 3 tax based on a fictitious return on investment in 2017 and 2018 is disproportionately high and is therefore in violation of the European Convention for the Protection of Human Rights (ECHR). The Supreme Court ruled that a relatively heavy financial burden is attached to the choice not to go into risky investment of assets.

Furthermore, the fixed asset mix introduced in 2017 has a discriminatory effect on those who have had bad luck with their investments and nevertheless are taxed relatively heavily. That is why the Supreme Court offers legal redress in the sense that for the years 2017 and 2018 the tax should be based only on the actual return on investment. After the negative court decisions for earlier years, this finally means a positive outcome for the tax payer with saving accounts and hardly any interest.

Decision in mass appeal procedure

At the beginning of February, the Tax Office published the collective decision in the mass appeal procedures against the box-3 tax for 2017 to 2020. All 200,000 appeals have been allowed. This does not yet mean that the participants in the mass appeal procedures now know how much they will get back and when. Neither is anything known about possible compensation for other taxpayers who did not appeal against the box-3 levy. The cabinet has promised to provide a substantive response no later than 1 May 2022 on how restoration of rights can be offered over the past few years. For most situations involving a substantial box 3 tax, we have already raised appeals over the past few years. Further action is only meaningful after we know more about the promised response from the Tax Authorities.

New box 3 levy

According to the cabinet, a box 3 levy based on the actual return on investment cannot come into effect until 2025. However, emergency legislation to adjust the box 3 levy is currently being worked on, which should provide a solution for the intervening years. This could include, for example, fictitious interest rates that are more in line with the actual returns and based on the actual composition of the assets. The cabinet is planning on sending a memorandum of direction for the recovery operation to the parliament before 1 April 2022.

Moreover, it is clear that a new system will certainly not lead to advantages for all taxpayers. Taxing actual returns can also mean taxing capital gains from securities and real estate, which have not been taxed as such until now. Besides, a number of parties state that the coverage for the measures should come from the same category of taxpayers.

Future assessments and tax returns

The ruling of the Supreme Court has consequences for 2021 and later years too. No final assessments are currently sent to taxpayers with box-3 capital. An exception will only be made if prescription is imminent or if there is an interest in the taxpayer. As soon as it is clear what the recovery will look like, these assessments will be issued. Taxpayers will be informed about this.

The Tax Office asks taxpayers to pay the provisional tax assessment 2022. They are also asked to simply submit the 2021 tax return, stating the box-3 capital as before. Possible compensation will be worked out later. Taxpayers with box-3 assets will probably receive their assessment for 2021 after 1 July 2022, even if they have submitted their 2021 tax return before 1 April.

For many expats the 30% ruling may cease by the end of this year as the transition period for those originally with an 8 year duration is discontinued. It is important to check the situation and possibilities to minimise the tax consequences.

Is your 30% ruling ending? Do you have worldwide assets? Contact us now to see what your tax saving possibilities are.

30% ruling end

Prior to 2019, the 30% ruling period was 8 years. As of January 2019 the period was shortened to 5 years. A two-year transition period was implemented lasting until January 1st 2021. This means that:

• For anyone granted the ruling between January 1st 2011 and January 1st 2013 the 8-years still count, ending between January 1st 2019 and January 1st 2021;
• those granted the ruling between January 1st 2013 and January 1st 2016 will be able to receive the allowance until 31 December 2020, giving them up to an additional two years following the extension;
• anyone granted the ruling after January 1st 2016 will be eligible for the 30% ruling benefit for 5 years

30% ruling is ending as of January 2021

This means that for many international workers their 30 % ruling is ending as of January 2021. If you are one of them, it is important to be well prepared for the consequences. Not only will your take-home salary become lower, but you will also need to start thinking about your wealth and what this will mean for your tax return.

Without the 30% ruling, you can no longer opt to be considered a partial non-domestic taxpayer. In other words, you will be treated as a full resident tax payer and you will need to state your worldwide assets in your Dutch tax return. It is important that you are well prepared for this change and seek tax advice.

“Take this example from an international from Greece who’s 30% ruling period will end January 1^st 2021. From then on she will no longer be able to opt for non domestic taxpayer; that means she becomes taxable in the Netherlands for her worldwide assets. Since she has savings in Greece she will have to pay box-3 tax in the Netherlands. Our tax consultants can help her structure things in such a way to reduce her tax liability. One of the possibilities we would be looking at is to reduce her box 3 tax liability by using her savings to repay part of her Dutch morgage. Although in that case she would receive less mortgage relief it would als lead to reduction of payable mortgage interest. And she would have less savings and thus as a reduction in box 3 taxation.”

Tax on assets and foreign real estate

This year the threshold per individual is € 30,846 before the asset tax starts. Your assets of between €30,846 and € 103,643 are taxed at 0.54%; assets of between €103,643 and €1,036,418 will be taxed at 1.27%; and anything over that at 1.6%. Given these fixed amounts of tax are unrelated to the actual income your assets generate, the higher your income, the more tax efficient you are. But they are still amounts which have to be found and paid.

You also need to include foreign real estate in your tax return and request a deduction for double taxation. In most Dutch tax treaties, the taxation of real estate is always allocated to the country where the property is located.

Avoid a large fine

It is really important to be honest and fill in your tax form correctly. The Dutch tax office is particularly hot on foreign bank accounts, and you can be fined up to 300% of the unpaid tax if you forget to mention them.’

If you would like to find out more about maximising your tax efficiency and decreasing your risk of fines, please feel free to contact us.

Buying a house in The Netherlands may be more favourable than renting as there are major advantages in owning a house.

Most important is that interest paid on a mortgage on your primary residence is fully tax-deductible, as well as mortgage-related expenses. It goes without saying that this can lead to very substantial tax deductions. The maximum tax deduction rate will be gradually limited but is still an advantageous facility. Also, the interest rate for mortgages is at its lowest in the Netherlands now, which makes your monthly expenses lower than in case you would rent a house. The tax relief can be paid in monthly installments during the year, after filing the tax form for a provisional refund for mortgage relief, to be requested by the tax authorities. We will be happy to help you fill in the form.

Mortgage interest deduction

If you move out of the country again you can rent the house out, sell it, or keep it for your own use. If you keep it for your own use in some circumstances the property can remain in box 1 with mortgage interest deduction. In case you sell the property, please note: there is no capital gains tax. As international tax advisors, we can advise you about your specific housing situation, as we know it can be quite complicated when you for example in case you own houses in more than one country.

If you own a listed monument or listed historic building the expenses for restoration and maintenance are deductible too. Costs of mere changes to a building do not qualify as such, but could yet lead to a partial deduction. As matters relating to monuments and historic buildings form one of our specialities we know how to get the most out of the legislation and especially the applicable case law. Also, foreign listed properties might qualify for this deduction, following recent case law.

Please note: apart from the above substantial tax advantages there is no capital gains tax!

The Tax and Customs Administration has published the collective decision in the massive objection procedures against the box-3 tax for 2017 to 2020. All 200,000 objections have been declared well-founded. This does not mean that the participants in the mass appeal procedures now know how much they will get back and when.

There is also nothing known about possible compensation for other taxpayers who have paid too much box-3 levy. According to the cabinet, a box-3 levy based on the actual return cannot come into effect until 2025. However, urgent legislation is currently being worked on, which should provide a solution for the intervening years.

The emergency legislation makes adjustments to the existing box-3 legislation. The cabinet undertakes to send a memorandum of direction for the recovery operation to the House of Representatives before 1 April 2022. The left-wing opposition parties have already announced a private member’s bill that is based on a progressive levy on assets minus debts with a tax-free allowance of € 100,000 per person. The owner-occupied home remains in box 1 and substantial interest shares in box 2. The rate increases from 1% to 500,000 to 5% above € 5 million in taxable capital.

Tax assessments and tax return 2021

The ruling of the Supreme Court also has consequences for 2021 and later years. No final assessments are currently sent to taxpayers with box-3 capital. An exception is only made if there is a threat of prescription or if there is an interest in the taxpayer. As soon as it is clear what the recovery will look like, these attacks will be reinstated. Taxpayers will be informed about this.

The Tax and Customs Administration asks taxpayers to pay the provisional tax assessment 2022, pending further decisions. They are also asked to simply submit the 2021 tax return, stating the box-3 capital. Taxpayers with box-3 capital will probably receive their 2021 assessment later than 1 July 2022, even if they submitted their 2021 tax return before 8 April.