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Tax counseling relating to tax law proceedings at the (high) Court

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When a business generates income, a substantial share has to be paid on taxes. Nobody likes it, but that’s the way it is. However every taxpayer has the right to go to court in the case of a dispute with a tax inspector regarding the amount of tax due. A key point here is how likely you are to win this coming battle. You only go to court if you have a good chance of winning. In order to justify the costs of going to court, the amount at stake must be significant.

If the Dutch tax inspector has dismissed the taxpayer’s appeal against an earlier decision regarding a tax issue, the taxpayer may decide to go to the district court (Rechtbank) In this case, the taxpayer must collect all the relevant facts and circumstances in order to defend his/her application. Once the district court has issued its judgment, the taxpayer may then appeal at a higher level, Gerechtshof or even immediately to the Dutch High Court. The High Court only decides on pure tax issues which are the subject of the dispute between the taxpayer and the tax inspector, taking the facts and circumstances of the case as given.

If you are involved in tax proceedings, you must follow all the procedures and keep to the deadlines. Nearly 30% of tax proceedings are lost due to deadlines being missed.

Innovative Tax has (successful) experience with tax proceedings up to and until the Dutch High Court. We are familiar with the formal procedures which have to be followed. We will be happy to discuss the (im)possibilities of your case with you. If you are interested, we can provide you with an estimate of the costs for such tax proceedings.

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