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Court Rules Tax Authority’s Algorithmic Selection for VAT Checks Lawful; Fines and Assessments Upheld

  • The court ruled that the Dutch Tax Authority may lawfully use the ‘OB Negatief’ risk selection algorithm to check VAT returns.
  • Objections that algorithmic selection made the entire audit unlawful were rejected.
  • The administrative office’s claims about violations of the GDPR and lack of transparency were dismissed.
  • The court upheld significant additional tax assessments and penalties.
  • The Tax Authority argued that the algorithm only pre-selects cases for further human review, uses only regular business data, and complies with privacy and anti-discrimination requirements.

Source: fiscaalvanmorgen.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.



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