Box 3 — what to do if no automatic recovery received?
Request ex officio reduction (AWR 65) over 2017-2022 + new objection if actual return was lower than notional. Evidence essential.
After Christmas Ruling 2021 + Box 3 Legal Recovery Act (June 2022), Tax Office auto-corrected where actual return was lower. NOT everyone received automatic recovery — e.g. foreign accounts, foundation assets, non-standard investments. Plan for those without recovery: (1) Calculate ACTUAL return per year 2017-2022 — statements, dividends, investment reports, not unrealised gains (Supreme Court limited to actually realised); (2) Compare with notional return applied in annual assessments; (3) If difference: file EX OFFICIO REDUCTION request (AWR 65 — up to 5 years back) — free, simple letter with substantiation; (4) On refusal: object within 6 weeks; (5) Continued refusal: tax court appeal. For 2023+ savings variant applies — objection possible but lower success rate (specifically for investors with low actual return). Advice: tax advisor — typically €150-€300 but refund often €1,000-€10,000 for over-taxed cases.