Netherlands: Draft legislation on “rebuttal provision” for new “Box 3” (wealth tax) regime presented to lower house of Parliament
Legislation would largely codify Dutch Supreme Court decision
The government on March 13, 2025, presented to the lower house of Parliament draft legislation on the “rebuttal provision” for the new “Box 3” (wealth tax) regime, pursuant to which taxpayers may prove that the actual return on investment is lower than the fixed deemed return in Box 3.
The legislation would largely codify what the Dutch Supreme Court said about determining the actual return in its decision that the fixed deemed return in Box 3 is, as of the year 2017, contrary to the European Convention on Human Rights (ECHR) when the actual return on investment is lower than the fixed deemed return. However, the draft legislation also includes a proposed scheme for the own use of a second home and would regulate several other formal aspects of the determination.
Read a March 2025 report prepared by the KPMG member firm in the Netherlands