- The court ruled that a 4 percent tax interest rate was correctly applied.
- The court cannot assess the interest rate before October 1, 2020, as it was part of formal legislation.
- The interest rate after October 1, 2020, is not against principles of good governance or proportionality.
- The tax authority did not already have the tax amount due to an excessive corporate tax assessment.
- There is no double penalty involved.
- The court evaluates if the tax was correctly calculated based on the taxpayer’s arguments.
- The taxpayer argued the tax interest is not market-based and that the tax authority already had part of the tax amount.
- The taxpayer also claimed double penalty, which the inspector disagreed with.
- The court found the appeal unfounded and explained its reasoning and consequences.
- The taxpayer referenced a 2018 report suggesting tax interest should align with capital market rates between 0.332 percent and 0.531 percent.
- Until October 1, 2020, the interest rate was set by formal law, which the court cannot challenge.
- After October 1, 2020, the rate is set by a decision and can be assessed against governance principles.
- The court found the rate from October 1, 2020, compliant with governance principles.
Source: uitspraken.rechtspraak.nl
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.
