Netherlands: “Box 3” (wealth tax) regime also contrary to EU law because flat-rate returns still in use

A Supreme Court decision concerning whether “Box 3” regime was contrary to EU law because flat-rate returns were still in use.

“Box 3” (wealth tax) regime also contrary to EU law because flat-rate returns still in use

The Supreme Court on June 6, 2024, held that the current “Box 3” (wealth tax) regime is also contrary to the European Convention on Human Rights (ECHR) because tax returns computing the Box 3 tax using a flat rate of return on assets (rather than the actual rate of return) are still in use.

The Supreme Court (Hoge Raad) in December 2021 previously held that the Box 3 tax regime for the years 2017-2022 was contrary to the ECHR because it was based on a flat rate of return on assets.

Read a June 2024 report prepared by the KPMG member firm in the Netherlands

 

The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 3712, 1801 K Street NW, Washington, DC 20006.