{"id":1379,"date":"2023-06-27T12:27:34","date_gmt":"2023-06-27T10:27:34","guid":{"rendered":"https:\/\/vwg.nl\/uncategorized\/aandeel-vve-belast-in-box-3\/"},"modified":"2026-03-03T10:34:33","modified_gmt":"2026-03-03T09:34:33","slug":"share-in-a-owners-association-taxed-under-box-3","status":"publish","type":"post","link":"https:\/\/vwg.nl\/en\/aandeel-vve-belast-in-box-3\/","title":{"rendered":"VvE share taxed in box 3"},"content":{"rendered":"

\u2018That\u2019s been common knowledge for ages, you might think?\u2019 Yet it was raised once again before the Supreme Court, following an amendment to the Civil Code.<\/p>\n\n\n\n

Homeowners\u2019 Association<\/h2>\n\n\n\n

VvE stands for Vereniging van Eigenaars (Owners\u2019 Association). Where there are several residential or commercial units (flats) in the same building, the owners of those flats must form a VvE to manage matters that require joint action. Every flat owner is automatically a member of the VvE. This is regulated in Article 5:124<\/a> and subsequent provisions of the Civil Code.<\/p>\n\n\n\n

The flat owners are required to pay a contribution to the Owners\u2019 Association. To the extent that this contribution is not used to cover the annual costs, the Owners\u2019 Association maintains a reserve fund. Non-annual costs are covered from this reserve fund. The Owners\u2019 Association must hold the reserve fund in separate current or savings accounts in the name of the Owners\u2019 Association.<\/p>\n\n\n\n

Box 3<\/h2>\n\n\n\n

With regard to the flat owner\u2019s share in those assets, the Supreme Court<\/a> had already ruled in 2010 that it is a capital asset that must be declared in Box 3 (income from savings and investments) and does not form part of the owner-occupied home taxed in Box 1. In the recent judgement, this question was once again referred to the Supreme Court because the Civil Code was amended with effect from 1 January 2018, stipulating that the reserve fund of a VvE is a statutory provision which cannot be counted as part of the VvE\u2019s equity, or that no market value can be attributed to it. However, the Supreme Court confirms that the share in a VvE\u2019s reserve fund is taxed in full under Box 3.<\/p>\n\n\n\n

Incidentally, Arnhem-Leeuwarden Court of Appeal<\/a> It was recently decided that a share in a homeowners\u2019 association\u2019s bank balance should be reported as a bank balance in Box 3, rather than as other assets. The significance of this, under the flat-rate savings scheme, is that a considerably lower flat-rate return is calculated on bank balances than on other assets. In the 2023 Spring Memorandum, the Government states that a share in the assets of a VvE will be classified under the category of bank balances.<\/p>","protected":false},"excerpt":{"rendered":"

Dat is toch al lang bekend, zal je denken? Toch is het nog een keer bij de Hoge Raad aan de orde geweest, naar aanleiding van een wijziging van het Burgerlijk Wetboek. VvE VvE staat voor Vereniging van Eigenaars. Wanneer er meerdere woon- of bedrijfseenheden (appartementen) in eenzelfde gebouw zitten, moeten de eigenaren van die […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1379","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/1379","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/comments?post=1379"}],"version-history":[{"count":0,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/1379\/revisions"}],"wp:attachment":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/media?parent=1379"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/categories?post=1379"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/tags?post=1379"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}