On July 8, 2025, the Senate passed the Box 3 rebuttal scheme law adopted. It is likely that the Actual Return Statement (OWR) form will soon become available digitally. With this form, counter evidence can be provided that the actual return achieved with the assets in box 3 is lower than the flat-rate taxed income. If the actual return is higher than the flat-rate taxed income, no income tax needs to be paid.
Form OWR
Counter-evidence can only be provided through the form OWR. This form will become available online. Any additions to the form can be submitted separately to the Inland Revenue within six weeks of the form being submitted.
Terms
The form must be submitted:
- if your tax return was filed by a tax service provider (i.e. under a becon number): within 26 weeks from the date of the attention letter;
- if your return is not filed under a becon number: within 12 weeks from the date of the attention letter.
The Inland Revenue has indicated it will strictly adhere to these deadlines. If an OWR form is not submitted after the deadline, the final assessment will be imposed.
In all cases, if the final assessment has already been imposed and that assessment has been appealed, the Form OWR must be filed within 12 weeks of receiving the letter of justification.
Attention letter
Anyone who has not yet received a final income tax assessment and has declared income in box 3 in his/her tax return will receive an attention letter from the Tax Administration. That letter draws attention to the possibility of submitting rebuttal evidence via the OWR form. The attention letters are not all sent at the same time.
PLEASE NOTE: this attention letter is NOT sent to us as a tax service provider. Please forward the attention letter to us as soon as you receive it so that we can take action, if necessary, within the deadlines mentioned above.
What data are needed?
At our article Proof actual return box 3 you will find an explanation of and a list with the data needed to determine actual returns.
We also explain in this article that in far from all cases, the actual return will be lower than the lump-sum taxed return. This is because of the specific rules formulated by the Supreme Court on how to calculate the actual return.