This is the translation (more or less) from a part of article 3.2 from the judgement (not the conclusions) from the Supreme Court in The Netherlands about the 1,2% taxlevel in trading:
The Court has concluded that trading options did not generate any income to the accused. The Court concluded that the accused wasn't able to proof any plausibility that he, by trading for his own account and risk in options, had a more than purely speculative chance to make money.
So the next questions are important to me:
What will happen? They will tax at 52% because revenue officers have to tax as much as possible.
But according to some experts there is no problem. They are convinced you will be taxed at 1,2%. Who wants to try this out?
The government wanted absolutely to prevent that all investors would be able to deduct their losses. This could cost the government huge amounts of money. So they made a judgement accordingly. They left enough space for interpretation so they could use it in both ways. This happens in every country. In Belgium there is no capital gain tax. But if you do not invest like a good housefather your profits will be taxed as income. But they don't give a definition of a good housefather. So they have their hands free. Peanuts are not taxed, but real profits are.
The Court has concluded that trading options did not generate any income to the accused. The Court concluded that the accused wasn't able to proof any plausibility that he, by trading for his own account and risk in options, had a more than purely speculative chance to make money.
So the next questions are important to me:
- Suppose I would really make a lot of money. What will the revenue officer (= american IRS) do. Will he tell me: you made 1.000.000 euro profit so you pay 12.000 euro tax according to the judgement of the Supreme Court.
- Or will he say: The Supreme Court did say that the accused did not proof to be able to have a more than speculative chance to make money. So it was no income. But you made 1.000.000 euro profits which proofs that your profit is bigger than the speculative chance to make money. You had more than 75% profitable trades. So you proofed that you have income and I will tax you at 52% according the arguments of the Supreme Court.
What will happen? They will tax at 52% because revenue officers have to tax as much as possible.
But according to some experts there is no problem. They are convinced you will be taxed at 1,2%. Who wants to try this out?
The government wanted absolutely to prevent that all investors would be able to deduct their losses. This could cost the government huge amounts of money. So they made a judgement accordingly. They left enough space for interpretation so they could use it in both ways. This happens in every country. In Belgium there is no capital gain tax. But if you do not invest like a good housefather your profits will be taxed as income. But they don't give a definition of a good housefather. So they have their hands free. Peanuts are not taxed, but real profits are.
