Fight for your tax right! Indeed, the moment the tax office does not honor your rights, fight. It is not an unwilling tax human being you fight, but a zero and one thinking computer. Go from a zero to a one.
Fight for your tax right
In the Netherlands we are proud that the tax office is an organization you do not need to be afraid of. If we compare the Dutch system with other countries and the Dutch Government is proud on our system.
Times have changed, and the tax office has an issue attracting educated employees. Hence a computer is responding to your requests, reply’s, tax returns. A computer can only register a zero or a one, computer language. Not your need.
Often we are also updated by clients that something is not possible. We are then surprised, as what is stated not to be possible is a basic right sometimes. The reply of the client is, is that they called the tax office. The moment you call the tax office, the first person you get on the phone is often not have a tax degree. The second line person often is more educated.
What rights are we referring to with fight for your tax right. Let me give you some examples:
30% ruling and Box 3
You hold the 30% ruling, which implies you do not need to report your world wide assets. That is a choice, and if you made the correct choice, nothing is reported by you nor your tax partner in Box 3.
Then on a day you receive a letter from the tax office. The tax office was informed by the ABN AMRO or ING or name the bank, that you have a balance in the bank account on January 1. You should have reported that, and the tax office is going to adjust your income tax return.
Contacting the tax office by phone, but nobody can help you. You can write yourself, but possibly you are being dismissed. You can ask us or another tax advising company to assist you. We will refer to the 30% ruling statement. And even then, there are plenty of tax office employees that have no idea about the relation between the 30% ruling and Box 3.
The Heerlen office of the tax office (foreign affairs) does know, but the Amsterdam office or any other city office is often not aware. Fight and you get your right.
Appeal assessment and outstanding amount
The moment a tax assessment is imposed to you which you need to pay, you disagree and you appeal. In the appeal you can ask for delay of collecting the amount till the appeal has been decided on.
We learned in the last couple of months that this right is no longer obeyed by the Dutch tax office. Despite the appeal, despite the delay in payment request, the computer keeps on collecting with you.
The moment the collector is at your door, a significant collection fee is then added to the outstanding amount, is the first moment a human being is actually taking notice of the procedure. A professional collector will recognize the problem, which is in fact the tax office computer, and most likely will take the correct action. Our experience is that nearly all collectors are professionals.
Tax office and the fight for your right.
The moment you have an issue with the Dutch tax office and you filed a complaint in time, you have rights. The moment you have an arrangement such as the 30% ruling you have rights. Fight for your rights.
That said, the moment you were too late with the complaint, or your point of view is questionable or even unreasonable, then you need to be humble. Ask for addressing the topic, try to get it solved, Or have explained to you what is the problem.
Regardless, always be calm and kind to the tax office official.
Tax office is not responding how it should: go to court
The moment the tax office is not responding how it should have responded, you need to appeal the decision in court. Actually, a court case is not what you want to achieve, your right is what you are fighting for.
The good thing about a court case is, that tax office professionals are allocated to court cases. Their objective is to prevent a court case. The moment it becomes clear to them, you were not granted your right, they will quickly solve that.
Not only that prevents a court case, but also being embarrassed by the court for not doing their job. This is a last resort solution.
Tax is exciting
We think tax is exciting. Fighting the computer of the tax office is daunting to be honest. You know you are right, you have the rules and jurisprudence to back this up. But you do not get your right.
The moment you lose this battle either a collector will come at your door, who might even solve the problem. Or you go to court. If you are truly right, this right is given you in the court procedure.