Adjustment box 3 tax levy
The (investment) assets of taxpayers are taxed in box 3. In box 3, up to the 2021 Christmas ruling, a tax on investment income was levied based on a statutory rate (also known as a flat rate). On 24 December 2021, the Supreme Court ruled that this box 3 tax levy violated the European Convention on Human Rights (ECHR). This requires the government to adjust the box 3 tax levy.
No compensation for taxpayers who have not submitted an objection
The government has decided not to compensate savers who did not file objections for the years 2017 to 2020 in relation to overpayment of investment yield tax (box 3). Consequently, these taxpayers, known as ‘non-objectors’, cannot claim a personal income tax refund.
2023-2025
For the years 2023 through 2025, assets will be taxed based on the flat-rate savings variant that distinguishes between savings, other assets and debts. Each category will be assigned its own rate of return that matches the actual yield for the year in question.
As of 1 January 2023, the rate in box 3 will rise to 32% (in 2022: 31%). Tax is due on the amount of savings and/or investments above the tax-free allowance. The tax-free allowance will also increase as of 1 January 2023, amounting to €57,000 per person. Tax partners can therefore jointly own €114,000 in savings and/or investments without having to pay tax on them.
The rates of return per asset category are as follows in 2023:
| Asset category | Flat rate of return |
| Savings | 0,01% |
| Other assets | 5,69% |
| Debts | 2,46% |
Do you require more information?
Would you like more detailed information about the box 3 tax levy? Our tax advisors will be happy to help. Please contact Luc Adriaansen, tax advisor, by e-mail.
