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Tax Administration’s Unclear Communication Leads to Court Fee Reimbursement

  • Case Background: A taxpayer submitted a supplementary turnover tax return for 2019, which the Tax and Customs Administration incorrectly interpreted as an objection, leading to a series of contradictory communications regarding its admissibility and appeal options.
  • Court Ruling: The District Court of Noord-Nederland ruled the objection was rightfully deemed inadmissible due to the submission being years late, with no excusable delay, but criticized the Tax Administration for its confusing guidance that compelled the taxpayer to appeal for clarity.
  • Financial Consequences: Despite the appeal being unsuccessful, the court ordered the Tax and Customs Administration to reimburse the taxpayer’s court fees, citing procedural negligence stemming from the unclear communication regarding legal remedies.

Source BTW Jurisprudentie



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