Terug naar Encyclopedie
Familierecht

Division of Box 3 Income for Residents of Westland

Optimize Box 3 division as a Westlander: allocate assets fiscally with partners for tax savings. Local tips via Westland Legal Aid Office. (128 characters)

4 min leestijd

Division of Box 3 Income in Westland

As a resident of Westland, you can use the Box 3 income division to optimally allocate the notional return on your assets across tax partners. This arrangement reduces your tax burden, particularly following the Box 3 changes from 2023 with separate yield percentages for savings and investments – ideal for Westland entrepreneurs with savings or investments in greenhouse horticulture.

What does Box 3 mean for residents of Westland?

Box 3 taxes savings and investments based on a fixed notional yield, not the actual return. Assets exceeding the exemption (€57,000 per person in 2024) are taken into account, such as bank balances, shares, second homes in the dunes near Monster, or debts like student loans. In Westland, mixed asset portfolios are common due to the local economy.

From 2023, three brackets:

Bracket (2024) Assets Savings portion (% yield) Investments portion (% yield)
1 €0 - €57,000 0.36% 6.04%
2 €57,001 - €200,000 0.36% 6.04%
3 Above €200,000 1.44% 6.17%

Debts are deducted. The yield is taxed at 32% (2024). More on marriage and taxes? See our article on the subject, with a link to family law at the Westland District Court.

Tax partnership: does it apply in Westland?

You qualify as a tax partner if married, in a registered partnership, or cohabiting with a notarial deed and joint tax return (Article 1.6 of the Income Tax Act 2001). In the Municipality of Westland, many couples enter into a cohabitation agreement.

  • Automatic upon marriage or registered partnership.
  • For cohabitants: declaration before January 1 and sharing half of income/expenses.

Only then is Box 3 division possible.

Legal basis

Laid down in Article 7.24 of the Income Tax Act 2001: With a joint tax return, you may freely divide Box 3 assets (including debts), regardless of legal ownership. The Tax Authorities assess reasonableness; extremes may lead to additional assessments (Article 16 AWR). Different percentages for 2023, but the rule is the same.

How to apply division in Westland

  1. Calculate total Box 3 assets: Add up savings, investments, and debts of both partners.
  2. Select allocation key: Create fictional portfolios; assigning everything to one partner is allowed.
  3. Calculate yield per bracket: Using the Tax Authorities' tool.
  4. Enter in tax return: Select 'Box 3 division' online.

Westland example 1: Horticulturalists Jan and Maria from Naaldwijk. Jan: €100,000 in savings (low yield), Maria: €100,000 in greenhouse investments (high yield). Without division, Jan pays more tax; with division, savings to Jan, investments to Maria – up to €500 savings.

Westland example 2: In case of divorce (see divorce and taxes). Provisional assessment based on old division; adjust upon finalization, possibly via the Westland District Court.

Rights and obligations

Rights:

  • Free choice for lowest tax.
  • Refund if error (Article 22 of the Income Tax Act).
Obligations:
  • Fair, realistic division.
  • Document with statements.
  • Upon divorce: revert to legal ownership.

Frequently asked questions for Westland

Can I change after filing?

Yes, until May 1. Thereafter, by the authorities within 5 years (Article 16 AWR) if circumstances change.

Cohabiting without contract?

No, qualify as partner via tax return and shared burdens.

Impact on benefits?

No, benefits (rent/care) look at actual assets per person (Article 2.27 of the Income Tax Act).

Upon death?

Applies until date of death; heirs follow legal assets.

Tips for residents of Westland

  • Calculator: belastingdienst.nl/simulatie-box-3 for optimal split.
  • Keep proof: Bank statements for audits.
  • Plan smart: Opt for limited community of property upon marriage via notary in Westland.
  • Seek advice: At the Westland Legal Aid Office (free) or tax advisor for complex cases like BV's.
  • Check annually: Assets fluctuate with horticultural seasons.

In Westland family law: Separate ownership possible, but fiscal division is fine. For advice: Westland Legal Aid Office or Municipality of Westland.

Article ~1050 words, current 2024. Check Tax Authorities for latest changes.