Box 3 income: the Dutch income from savings and investments for non-resident taxpayers
The taxation of income from savings and investments for non-residents
In the Netherlands, income enjoyed by non-residents which originates from certain Dutch savings and investments is subject to tax as income in Box 3. There are differences between the taxable basis for resident taxpayers and non-resident taxpayers for Box 3.
The taxable basis for non-resident taxpayers with Box 3 income
Rather than taxing the actual income received from savings and investments, Dutch law assumes a return on investment on net assets (assets minus debts).
The rules for determining the Box 3 income are further in essence the same as the rules which apply to resident taxpayers. The main difference is that the taxable base for the Box 3 income (in Dutch: “Rendementsgrondslag”) is smaller.
The taxable base for non-resident taxpayers consists of the value of certain Dutch source assets less the value of certain Dutch liabilities.
Dutch sourced assets and liabilities
Dutch sourced assets are:
- real estate situated in the Netherlands;
- rights which directly or indirectly relate to real estate situated in the Netherlands, including rights which relate to the exploration or exploitation of Dutch natural resources;
- participations in the profits of an enterprise which is effectively managed in the Netherlands insofar these participations do not originate from a shareholding or employment and the income is not already taxable in the Netherlands as Box 1 or Box 2 income.
Only liabilities/debts which can be allocated to qualifying Dutch source assets can be considered in the taxable basis of the Box 3 income.
If the taxpayer has taxable Dutch source assets at the beginning of the year but was not taxable yet in the Netherlands at that moment, or the taxpayer stopped to earn Box 3 income in the course of the year by other reasons than decease, the reference date is still the beginning of the year but the taxable base must be determined pro-rata.
The Box 3 income may not be reduced with the personal allowances.
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