Aanmerkelijk belang

Substantial interest arises where a taxpayer, whether or not together with their partner, directly or indirectly holds at least 5% of the shares, voting rights or profit-sharing certificates in a company. This interest is determined by reference to both direct holdings and indirect holdings through other entities.

The regime is relevant because benefits derived from substantial interest, such as dividend distributions and gains on disposal, are taxed in Box 2 at a rate of 26.9%. As a result, such income does not fall within the deemed-return regime applicable in Box 3.

In practice, substantial interest is particularly relevant for director-major shareholders who structure their business through a private limited company (BV), as it governs the tax planning of dividend distributions and share disposals.