Amsterdam Court of Appeal has confirmed that cryptocurrencies are taxed with income tax in Box 3. In a statement issued on 25 April 2025 ruling the Supreme Court upheld the court's ruling. This definitively establishes that cryptocurrencies are taxed in Box 3.
Box 3
In box 3, income from savings and investments is taxed. This income is calculated on the balance of assets and liabilities belonging to box 3. Assets for box 3 are:
- (rights to) immovable property;
- (rights to) movable property, which is not used for personal purposes;
- rights not relating to property, including money;
- other property rights.
Property rights
The plaintiff in the case in which the Court and Supreme Court ruled is of the opinion that the cryptocurrencies belonging to her assets are not included in box 3 because they are not a property right, as referred to in Article 3:6 of the Civil Code. It believes that this requires that there should be an obligation of another towards it, which is not the case for cryptocurrencies.
However, the court considered that the concept of “property rights” in the IB 2001 Act is broader than in the Civil Code. In the IB 2001 Act, the category “property rights” has the character of a residual category. This residual category contains all rights that have some fair market value but do not fall under any of the other categories.
The Court notes that a position in cryptocurrencies represents an economic value and that cryptocurrencies can be sold and bought. Therefore, even if cryptocurrencies do not qualify as a property right for the purposes of the Civil Code, they fall into the residual category of property rights for income tax purposes. The court then concluded that the claimant should include the value of her crypto-currencies in the basis of her income in Box 3.