In this Chapter, the following topics will be discussed:
In the Netherlands, income enjoyed by non-residents which originates from certain Dutch savings and investments is subject to tax as income in Box 3. There are differences between the taxable basis for resident taxpayers and non-resident taxpayers for Box 3.
Until 2022, the 'old' regime applied. Rather than taxing the actual income received from savings and investments, Dutch law assumes a return on investment on net assets (assets minus debts). From 2023, a 'new' regime applies in which the actual assets are taxed, so there is no longer an assumption on the part that is saved or invested. However, the returns are still fictitious, but are close to the actual rates of return for savings or investments.
The rules for determining the Box 3 income are further in essence the same as the rules which apply to resident taxpayers. The main difference is that the taxable base for the Box 3 income (in Dutch: “Rendementsgrondslag”) is smaller.
The taxable base for non-resident taxpayers consists of the value of certain Dutch source assets less the value of certain Dutch liabilities.
Dutch sourced assets are:
Only liabilities/debts which can be allocated to qualifying Dutch source assets can be considered in the taxable basis of the Box 3 income.
If the taxpayer has taxable Dutch source assets at the beginning of the year but was not taxable yet in the Netherlands at that moment, or the taxpayer stopped to earn Box 3 income in the course of the year by other reasons than decease, the reference date is still the beginning of the year but the taxable base must be determined pro-rata.
The Box 3 income may not be reduced with the personal allowances.
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