Objection to inheritance tax not based on the WOZ value

If you lodge an objection or appeal against an inheritance tax assessment, this cannot relate to the WOZ values of properties included in the assessment.

Property valuations

For the purposes of inheritance and gift tax, immovable property used as a dwelling is valued at its WOZ value. The general rule is that this is the WOZ value for the year of acquisition, but it is also possible to opt for the WOZ value for the following year. This is because the reference date for the WOZ value of a given year is 1 January of the preceding year.

Objection

Arnhem-Leeuwarden Court of Appeal has recently reaffirmed that an objection to an inheritance or gift tax assessment cannot relate to the WOZ value. In such cases, an objection must be lodged with the local authority against the WOZ value. Once such an objection has been upheld, the inheritance and gift tax assessments will be reduced accordingly.

WOZ assessments are issued in the first few months of the year. These days, such assessments are usually included in the municipal tax notice. At that stage, heirs are often unaware that the WOZ value determined is relevant to them. In any case, they cannot lodge an objection at that stage because they are not (yet) an interested party.

However, the heirs may request the local authority to issue a new WOZ valuation decision. The heirs may then lodge an objection to this new WOZ valuation decision. This must be done no later than 6 weeks after the date of the new decision

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