Just because money is in an and\/or bank account does not mean it belongs to both account holders.<\/p>\n\n\n\n
This is evident in a case reported in the press. It involves two friends, who always play together at the casino. One of them wins a prize of \u20ac1.37 million. He wants to share this prize with his regular playing buddy and they open an and\/or account at the bank for this purpose, into which the prize is deposited.<\/p>\n\n\n\n
However, the Inland Revenue considers that sharing an award with your friend qualifies as a gift on which the friend has to pay gift tax. The rate: 40%; except that \u20ac2,418 is exempt and then only 30% is payable on the first \u20ac138,641.<\/p>\n\n\n\n
An and\/or account is a joint account. But that means nothing more than that the account is in the name of two (or more) account holders, each of whom can withdraw or transfer money in the account without the other account holder having to give permission. When both account holders have to give permission each time, it is called an and\/and account.<\/p>\n\n\n\n
And\/or accounts are often used by married or (registered) cohabiting partners. But even then, the money deposited in the and\/or account does not automatically belong to both partners. Not even when there is a general community of property, because even then partners may have received gifts, for example, which are stipulated to remain outside the marital community.<\/p>\n\n\n\n
Married and (registered) partners would be wise to keep records in such a way as to track which assets belong to which partner. In practice, such records are often not kept or only poorly. This is not a problem until the relationship breaks up and the pot has to be divided. If it is then impossible to substantiate which partner's assets belong to which partner, the court, when asked, is often left with little else but a judgment of balance. This is of no use to the casino friends because it is established which of them won the prize.<\/p>","protected":false},"excerpt":{"rendered":"
Dat geld op een en\/of-bankrekening staat, betekent nog niet dat het van beide rekeninghouders is. Casino Dat blijkt in een zaak waarvan in de pers melding wordt gemaakt. Het gaat om twee vrienden, die altijd samen spelen in het casino. E\u00e9n van hen winst een prijs van \u20ac 1,37 miljoen. Hij wil deze prijs delen […]<\/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-1396","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/1396","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=1396"}],"version-history":[{"count":1,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/1396\/revisions"}],"predecessor-version":[{"id":3408,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/1396\/revisions\/3408"}],"wp:attachment":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/media?parent=1396"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/categories?post=1396"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/tags?post=1396"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}