By our economics editors
26 Jan 2023 at 09:16
In legal conflicts, according to lawyers, the Tax and Customs Administration does not always take all available documents to court, according to research by RTL Nieuws. The Inspectorate of taxes, surcharges and customs will conduct a further investigation.
RTL News spoke to lawyers and tax lawyers who regularly face the tax authorities in court. According to them, they have to fight with the Tax and Customs Administration to get a whole file released.
The lawyers know that there are documents that may be exculpatory for their clients. So they have to conduct separate lawsuits about whether the entire file is present. Courts sometimes demand that the Tax and Customs Administration nevertheless submit additional documents.
At RTL News, lawyer Mark Hendriks gives an example of FIOD documents that he has been trying to obtain in proceedings for four years. Another says it will take a year and a half to complete the file.
‘These kinds of signals are worrisome’
The Tax, Customs and Allowances Inspectorate also says it knows of a series of cases in which the Tax and Customs Administration has not properly complied with procedural rules. “As a result, files are submitted to the court incomplete,” Inspector General Bart Snels told the news channel.
“These kinds of signals are worrisome,” continues Snels. That is why he says that the inspectorate will investigate this further.
‘Is not warp and weft’
State Secretary for Finance Marnix van Rij said in a response that judges sometimes demand more documents. “But I want to contradict the image that this would be commonplace, because it just isn’t. Any statement is one too many, but we shouldn’t blow it up.”
According to Van Rij, not all 23,000 appeal procedures are as proposed by the lawyers. “Then we had a very big problem and that is not the case. But again, I take what has been raised very seriously.”
Read more about:
Tax and Customs AdministrationEconomy
Leave a Reply