The Dutch government has submitted a draft legislation on the “rebuttal provision” for the revised “Box 3” (wealth tax) regime to the lower house of Parliament on 13 March 2025.

The bill outlines how taxpayers can effectively prove that their actual return on investment is lower than the fixed deemed return in Box 3.

This follows the government’s publication of Regulation No. 2025-0000062971 in the Official Gazette on 14 March 2024, setting the deemed Box 3 income rates for 2024.

The legislation aligns with the Dutch Supreme Court’s ruling that the fixed deemed return in Box 3 has, since 2017, violated the European Convention on Human Rights (ECHR) when the actual return falls below the fixed deemed return. Additionally, it introduces new guidelines for the personal use of second homes and updates various formal aspects of the determination process.

Earlier, the Netherlands announced a delay in implementing Box 3 taxation on savings and investments, initially planned for 1 January 2027. The changes are now postponed to 2028.

The Box 3 income includes debts, savings, and investments, with updated rates for 2024: 1.44% for savings, 2.61% for debts, and 6.04% for investments. These changes take effect retroactively from 1 January 2024.