{"id":4644,"date":"2026-09-03T04:00:00","date_gmt":"2026-09-03T04:00:00","guid":{"rendered":"im-68364"},"modified":"-0001-11-30T00:00:00","modified_gmt":"-0001-11-29T22:00:00","slug":"allocating-interest-to-the-earliest-acknowledgement-of-debt-prevents-a-notional-acquisition","status":"publish","type":"post","link":"https:\/\/vwg.nl\/en\/rentetoerekening-aan-oudste-schuldigerkenning-voorkomt-fictieve-verkrijging\/","title":{"rendered":"Allocating interest to the earliest acknowledgement of debt prevents a notional acquisition"},"content":{"rendered":"<p>A man makes two gifts of \u20ac100,000 each to his son by way of acknowledgements of debt, on which he is liable to pay 6% interest annually. Prior to his death, the man pays \u20ac7,000 in interest on one occasion, without providing any details. The tax inspector argues that the interest has not been paid in full, meaning that both gifts are deemed to be acquisitions under inheritance law.<\/p>\n<h4>Notional acquisition and allocation<\/h4>\n<p>Under the law, a deemed acquisition occurs if the testator has retained the use of the gifted assets and has not paid at least 6% interest annually. The Court of Appeal ruled that, for each acknowledgement of debt, it must be assessed separately whether the interest was paid on time and in sufficient amounts. If interest payments have not been itemised and less interest has been paid than is due on all acknowledgements of debt combined, the interest paid must be allocated to the respective acknowledgements of debt.<\/p>\n<h4>Longest-standing commitment&nbsp;<\/h4>\n<p>The Court rules that the payment of \u20ac7,000 on 2 December 2020 must, as far as possible, be allocated to the oldest obligation, namely the acknowledgement of debt from 2019. The interest due on this acknowledgement of debt was ultimately paid on time. In the case of the 2020 acknowledgement of debt, part of the interest was not paid on time, as a result of which it was rightly included as a notional acquisition for the purposes of inheritance tax. The fact that the interest payments were not specified in the payment description does not preclude this.&nbsp;<\/p>\n<div style=\"font-size:smaller\" class=\"im_source\">Source: Arnhem-Leeuwarden Court of Appeal | case law | ECLI:NL:GHARL:2026:5189 | 3 August 2026<\/div>","protected":false},"excerpt":{"rendered":"<p>A man gifts his son \u20ac100,000 on two occasions by way of acknowledgements of debt, on which he pays 6% annually<\/p>","protected":false},"author":2,"featured_media":4645,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4644","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"acf":[],"_links":{"self":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/4644","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/comments?post=4644"}],"version-history":[{"count":0,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/posts\/4644\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/media\/4645"}],"wp:attachment":[{"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/media?parent=4644"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/categories?post=4644"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/vwg.nl\/en\/wp-json\/wp\/v2\/tags?post=4644"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}