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Raad van State Says 2028 Box 3 Overhaul Is ‘Not Responsible’

The advisory urges the cabinet to drop the planned 2028 shift and keep the current rebuttal rule until a single reform in 2030 to avoid legal and execution risks.

Overview

  • The Raad van State issued a formal advisory on Monday that the cabinet’s plan to move most of box 3 to a capital gains-style tax in 2028 is not responsible and should be withdrawn.
  • The council cited the Belastingdienst’s assessment that introducing a complex interim system for two years would be unworkable and would create public uncertainty while the tax authority faces cuts and heavy workloads.
  • The cabinet is racing to secure support for the Belastingplan before a scheduled Tweede Kamer vote on 12 November but has no clear majority and is still negotiating with parties on both left and right.
  • Financing disputes are a major obstacle: PRO and Volt object to reported plans to lower box 2 rates to raise short-term funds while SGP, BBB and JA21 are coordinating demands to form a possible right‑wing support bloc.
  • If the cabinet follows the Raad van State’s advice it would delay the staged change and aim for one comprehensive overhaul by 2030, a move that could calm legal and administrative concerns but would force new political bargaining over the budget gap and timing.