The ruling concerns a revocable debt acknowledgement
The Dutch Tax Authority’s knowledge group considered a parent acknowledging a €50,000 debt to an adult child in a notarial deed. The child can claim payment after the parent’s death, while the parent retains a unilateral right to revoke the gift.
Creation and revocation are treated as capital movements
According to the knowledge group, creating the debt does not itself produce an increase in wealth for the actual-return calculation in Box 3. The parent’s debt and child’s receivable are treated as a withdrawal and contribution respectively. Revocation reverses those movements rather than generating a return. It does not retrospectively cancel interest already owed.
Interest and the deed remain relevant
Interest paid is a negative regular benefit for the parent and a positive regular benefit for the child. The group regarded the agreed 6% rate in the example as arm’s length. The revocation right normally has no separate value, but an actual intention to exercise it at the valuation date can change that assessment. The deed and its practical implementation remain decisive.
Source and background: Belastingdienst: herroepelijke schuldigerkenning uit vrijgevigheid en box 3.
