2024-06-30 Europe
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Panic Time: Netherlands' Wealth Tax Gets Shot Down, Must Be Refunded
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[Telegraph HT HotAir] The Netherlands is expected to pay billions of pounds in compensation to taxpayers after a divisive levy on investments and second homes was shot down by the Dutch Supreme Court.
On 6 June, the court ruled that the country’s wealth tax went against the European Convention on Human Rights because it forced savers and investors to pay tax on income they had not earned.
The decision has opened the door to legal redress for hundreds of thousands of people who were overcharged by the tax authority.
Outgoing state secretary for finance Marnix van Rij estimated that the upfront cost would be €4bn — or £3.37bn.
But the true cost could rise by billions of euros per year while the government works out a new system to replace the controversial levy — a system not expected until 2027.
The Supreme Court’s decision may serve as a warning for other countries seeking to raise revenue from taxes on savings and investments.
Labour is considering options for extra wealth taxes if it wins the general election on 4 July, as reported by the Guardian.
The party is under pressure to explain how it will fund its plans for public services, and so far has ruled out raising income tax, National Insurance or corporation tax.
100pc tax rate
Since 2001, the Netherlands has divided income into three different types, known as boxes.
"Box One" taxes employment income, "Box Two" applies to people with a substantial share in a business, and "Box Three" is effectively a wealth tax — levied on income from savings, investments and second properties.
For years Box Three has been under attack because it is based on fictional — rather than actual — returns.
There have been various iterations of the levy but when it was first introduced, the government assumed that everyone earned a 4pc return on their assets. Taxpayers were then charged 30pc on that yield.
This was regardless of whether they held cash, stocks or property and regardless of how their investments performed.
At the time, Minister of Finance Gerrit Zalm presented the arrangement as risk-free. "Any fool can get a return of more than 4pc," he said.
But little did Mr Zalm know that the credit crunch was just around the corner.
Robert van der Jagt, of accountancy firm KPMG, said: "At the time, 4pc was very favourable. But then the financial crisis happened — and interest rates dropped to well below 4pc."
Savers were effectively punished for holding their money in low-interest accounts, with many forking out more in tax than they earned from their wealth. As a result people were charged effective tax rates of 100pc or more.
From 2008 onwards, taxpayers started challenging Box Three, which led to the government reforming the levy in 2017.
Under this new regime, the deemed yield on savings was cut to 1.63pc while the yield on investments and second properties was brought up to 5.39pc. This was to reflect the fact that investors usually earn higher returns. These yields were then adjusted every year.
But taxpayers were still being charged based on hypothetical returns. So on 24 December 2021, in the so-called Christmas judgment, the Supreme Court decided the 2017 regime had violated taxpayers’ property rights.
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Posted by Frank G 2024-06-30 00:00||
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