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Extension of a reasonable period if the representative is insufficiently available for hearings?

  • The Supreme Court is considering whether a tax representative’s structural unavailability for hearings should extend the “reasonable period” for immaterial damages (ISV), following conflicting rulings from lower courts regarding a taxpayer’s compensation claim.
  • Advocate General Pauwels argues that insufficient capacity of a representative is a “special circumstance” justifying an extension of the reasonable time, provided it demonstrably impacted the case’s duration, disagreeing with the Court of Appeal’s stricter interpretation.
  • The Advocate General advises the Supreme Court to rule that the delay caused by the representative’s lack of capacity can extend the reasonable period, but cautions against a generic extension for all cases involving that representative, suggesting the District Court’s initial extension was correct.

Source Taxlive



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