State Secretary for Finance Van Rij has, in answers In response to parliamentary questions, they have indicated that, for the time being, the Tax and Customs Administration will not be issuing any tax assessments or decisions that include Box 3.
Christmas judgment
This follows the Supreme Court’s ruling, now known as the “Christmas ruling”, which we reported on previously in our article Supreme Court ruling on Box 3 tax. In our article No Christmas holiday in the 2022 VA’s We would like to point out that the provisional assessments for income tax and national insurance contributions for 2022 do not yet take account of the implications of this judgement. For these assessments, the Box 3 levy will be adjusted in the final assessment, but it is, of course, possible to apply to the Tax and Customs Administration for a reduction.
No attacks
Van Rij states that the Tax and Customs Administration is not yet able to issue tax assessments that take account of the implications of the judgement. Consequently, for the time being, no tax assessments or decisions relating to income in box 3 will be issued.
There are two exceptions to this:
- cases where the limitation period is about to expire;
- where the taxpayer has an interest in the tax assessment process proceeding, which is the case with provisional assessments, loss set-offs and requests for averaging.
Other consequences
It is not yet clear how the judgement will be dealt with going forward. This is understandable, given the short time that has elapsed since the judgement was handed down and the significant impact it has had. The State Secretary has expressed the expectation that he will be able to inform the House in February about the manner in which redress will be granted in response to the judgment.