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Home » Reader question » Reader question: Paying wealth tax in the Netherlands after emigration to Thailand?
Dear readers,
A few years ago I sold my house, emigrated to Thailand and left my money in a Dutch bank account. Do I now have to pay wealth tax on this and will the tax authorities automatically send me a form? So far I have not heard anything, but I am afraid that if nothing happens I may be fined.
What can or should I do?
Regards,
Dirk
Wealth tax, as a separate tax, was abolished in the Netherlands in 2001. As part of the income tax levy, we now have a capital gains levy. If you no longer owe income tax in the Netherlands because you no longer receive income taxed in the Netherlands, you will not be 'affected' by this yield levy.
What you write suggests that if, for example, you have an AOW benefit that is taxed in the Netherlands, you would have to pay a capital gains tax.
I don't think that's correct, but I admit that I don't get a state pension yet, so I haven't looked into it yet.
Cornelis' answer is not entirely correct. You are indeed subject to income tax if you own real estate located in the Netherlands, such as your former so-called owner-occupied home.
Such a home is taxed in box 3 – savings and investments and counts towards the capital gains tax.
However, your savings balance held in the Netherlands is not taxed in the Netherlands. Thailand can levy on that.
Incidentally, I do not find the term “wealth tax” used by Dirk so wrong. “Wealth yield tax” suggests that you can pay this tax (amply) from the yield obtained, but that is no longer the case: in the Netherlands you simply pay the ordinary wealth tax again, equal to the situation before 2001!
After emigration, you may indeed owe income tax in box 3! There are some components of the capital mentioned in the law on which NL can levy. Without being exhaustive, this includes immovable property that does not fall in box 1 and business assets.
The text of the treaty also applies.
An owner-occupied house in the Netherlands is still taxed in box 3 for someone who has been deregistered, but savings + any share portfolio in a Dutch bank have not been for about 4-5 years.
I've dealt with this. In about 2013 or 2014 I had duly entered my savings + value of rented house (Dutch tax authorities). To my surprise, the assessment I had to pay was clearly lower than I had calculated. I then obtained information about this from the tax authorities (foreign department) and was told that with effect from one of those years, the taxation of cash in a Dutch bank account was assigned to the new country of residence, in our case Thailand.
So nothing to worry about for Dirk, if he doesn't have a house of his own. And if Dirk is in doubt: just call or write to the foreign tax authorities.
Dear Kees 2,
The exemption from income tax for your bank balances held in the Netherlands dates back to 1 January 1976.
I hope you didn't pay any wealth tax or capital gains tax on that afterwards.
From tax year 2015 you can no longer even include it in your tax return as a non-resident taxpayer. Previously, this was possible if you opted for the option of resident taxpayer status. But even in that case, there was no question of levying income tax on your savings held in the Netherlands, unless you filed your income tax return for the years up to 2015 incorrectly.
This is the case if you have not indicated in your income tax return that your bank balances are not taxed in the Netherlands.
And when I read your message, it seems that this was indeed the case and that the Tax and Customs Administration corrected this in 2013 or 2014. If the same mistake was made in the years before 2013, without this being noticed and corrected by the tax authorities, there is nothing you can do about it.
If you are subject to foreign tax, no capital gains tax will be imposed on capital from savings and investments. About real estate.
“If you live in the Netherlands, you pay tax in the Netherlands on your income from savings and investments in box
3. If you do not live in the Netherlands, we will not tax all your assets. We usually do tax your immovable property in the Netherlands, such as your holiday home. But, for example, we do not tax your Dutch bank account or an annuity insurance policy taken out in the Netherlands.”
https://www.belastingdienst.nl/wps/wcm/connect/bldcontentnl/belastingdienst/prive/internationaal/fiscale_regelingen/buitenlandse-belastingplicht/welke_gegevens_vult+u_in_uw_aangifte_in/bezittingen_box3/
In the year that you sold your house and you transferred the amount of money (equity) received for this to your Dutch bank account, this must be stated on your income tax return form in box 3 for that year. If you have failed to do so and you exceed a certain amount, you will owe tax. This can certainly put you in conflict with the tax authorities.
I found this on the internet:
Taxes 2018 – box 3
Your (fictitious) income from savings and investments is taxed in box 3. We call the tax levied in box 3 capital yield tax. Your income from assets is calculated with a fixed return. The actual return you achieve is irrelevant to the tax authorities. This fixed return used to be one fixed percentage of 4%, but as of 2017 it depends on the amount of your total assets.
A fixed tax percentage of 30% is calculated on the calculated return. This means that the levy on capital for the year 2018 amounts to a percentage ranging from 0,60% to 1,61%.
Every taxpayer has an exemption in box 3: an amount on which you do not have to pay tax. This tax-free allowance is €2018 for 30.000 (€2017 in 25.000).
tax on box 3 capital from 2018 Fixed return 30% tax
Band Assets from savings and investments* Percentage 0,36% Percentage 5,38% Effective
0 First €30.000 Exemption 0,00%
1 Above exemption, from € 1 to € 70.800 67% 33% 0,60%
2 From €70.801 to €978.000 21% 79% 1,30%
3 From €978.001 0% 100% 1,61%
*The starting point is the assets per person: the value of assets minus the debts of each taxpayer on 1 January of the year for which you are filing a tax return. An exemption applies to the first € 30.000: no wealth tax has to be paid on this amount. This is shown by disk 0 in the table above. (For married couples 2x 30.000 euros is 60.000 euros in exemption.)
Apparently you emigrated to Thailand in the year after the sale. Whether you are still a taxable person is up to you to judge. Failure to provide or incomplete information to the tax authorities is punishable by law
This is what I found about post-requisition assessment.
A final tax assessment is sometimes not final after all
If you think that your tax return has been approved by the tax authorities, because you have been notified in writing by means of a final assessment, you would be surprised if they still come back to this (often after many months) and impose an additional assessment. But can the IRS do that? Surely definitive means final and not provisional?
Provisional assessment or final assessment
If a provisional assessment was the last message from the tax authorities for that tax year, it is of course logical that a final assessment is still issued. After all, the tax return had not yet been definitively approved. However, if you have received a final assessment, the rule applies that the tax authorities cannot, in principle, go back on it. But there are exceptions.
errors in the declaration
If errors have been deliberately made in the tax return, the tax authorities may reconsider without any discussion. For example, if things have been concealed or incorrect information has been given. For example, if you have not stated certain income or assets, this will of course be assessed as a deliberate error. Apart from the fact that the underpaid tax is still being claimed, the chance of a fine is very high.
But you can also make mistakes by accident, i.e. unconscious mistakes. For example, you accidentally entered income from previous employment under the heading income from current employment, as a result of which you incorrectly received an employed person's tax credit without realizing it. Who can know this now. In this example, there is clearly an unconscious error, and the tax authorities will also be able to reconsider the previous final assessment.
If the tax authorities already had all the information
If the tax authorities could easily trace this unconscious error themselves, for example because the benefits agency is a pension fund and the tax authorities could therefore sense that this concerned income from a previous employment, you could object to the assessment. The rule is that the tax authorities may not go back on a previous final assessment if they already had all the correct information at that time.
If you have accidentally made a mistake, the tax authorities may make an additional claim against a previous final assessment, if there is a new fact. In other words, information that the tax authorities did not have available at the time of processing your statement
If the tax authorities have imposed too little tax due to their own error, which an average taxpayer should reasonably have noticed, the authority can also reconsider. If you have paid more than 30% too little tax, the service has no mercy, even if you, as the average taxpayer, could not possibly know that the tax authorities have made a mistake. But what harm would it do to appeal against such a decision.
How long can the tax authorities go back on an earlier assessment
Before an additional assessment is imposed, the tax authorities first send a letter with a text and explanation.
• The tax authorities may not continue to impose additional assessments indefinitely. The service can send an additional tax assessment up to a maximum of 5 years after the end of a tax period (usually the calendar year). An additional tax assessment can therefore be imposed for 2016 until December 31, 2021.
• If it concerns an error made by the tax authorities that one wants to correct, the additional tax assessment must be imposed within 2 years after the end of the period in which the tax debt arose.
• Do you have income in or from a country other than the Netherlands? An additional tax assessment can then be imposed up to a maximum of 12 years after the end of the tax year.
Advice
If you are confronted with a correction to a final assessment, check whether there has been an unconscious error and whether the tax authorities should logically have seen this error earlier, based on the information it had at the time of filing the tax return. If so, appeal. No you have and yes you can get.
For all details, consult belastingdienst.nl and search for “additional assessment”.
Final assessment is final
This is related to administrative law, see also principle of trust
I won a lawsuit about this
Transfer that money in Euros to a Thai Euro account?
final assessment is legally final
This is due to the principle of trust, namely administrative law
In this case I won a lawsuit
Possibly in your specific case, but the law does provide for it, Edo. Feel free to have a look here:
http://wetten.overheid.nl/BWBR0002320/2018-01-01#HoofdstukIII_Artikel16