Particle.news

Council of State Says 2028 Box 3 Changes Are Not Responsible

The advisory says the tax authority cannot carry out the planned two-year switch to a realized‑gains tax, recommending the tegenbewijsregeling stay in place until a single reform in 2030.

Overview

  • The Raad van State formally advised the cabinet to withdraw the proposed 2028 adjustments to box 3, calling the interim plan legally and operationally unsound.
  • The Belastingdienst told the council that implementing a complex new system for only two years would overload staff, raise costs and create confusion for taxpayers.
  • The council recommends keeping the tegenbewijsregeling, the existing rule that lets taxpayers rebut the deemed return calculation, as a stopgap until a single, coherent reform is prepared for 2030.
  • Political and budget obstacles, including a reported €18 billion shortfall and resistance from the VVD, remain unresolved and help explain why the proposal is effectively stalled in the Eerste Kamer.
  • If the cabinet follows the advice, taxpayers would see continuity in 2028–2030 but uncertainty over final tax liabilities will persist until the government publishes a single, operationally tested box 3 reform.