Tax Controversy

Letter of questions and requests for information

The Tax Authorities have far-reaching powers where the collection of information is concerned. Tax subjects are, in principle, obliged to answer and cooperate with investigations, even if that were to worsen their tax position. Yet, in practice, there could be possibilities of handling these obligations smartly. The Tax Controversy team has a lot of experience in handling this. This can range from a simple letter of questions, to requests for information from abroad or (tax) audits.

Audits

Complex audits during which the tax authorities investigate the entire administration are very rare. It does still happen in the event of strong evidence of fraud, yet the tax authorities mostly limit their action to a partial investigation, often in the form of a random check. Random checks are the subject of much debate. The Tax Authorities tend to accept this at face value, yet in many cases this is not desired or correct. Engaging a Tax Controversy expert from the first letter of questions or audit announcement is of paramount importance. Errors made in the beginning are often difficult to repair at a later stage.

Objection to the tax inspector and appealing in court

Disputes with the tax authorities tend to escalate quickly; one of the main techniques within Tax Controversy is to remain on speaking terms with the tax inspector handling the case. If you do not agree with a return, you have the option of lodging a notice of objection. This must be arranged within 6 weeks of the assessment date. When objecting, you have certain rights, such as inspection of your file. If you do not agree with the decision on the objection, it is possible to appeal by bringing a legal action. Although legal assistance is not mandatory, engaging an expert is highly recommended. The Tax Controversy team is pre-eminently competent to carry on proceedings, including appeals, to the Supreme Court or otherwise.

Assistance in the event of fines and collection

Tax fines can be very high. Therefore, in the event of a fine, engaging an expert as soon as possible is the right thing to do. In many cases, this leads to a (very substantial) reduction.

If the tax owed cannot be paid in time, action needs to be taken. This is to prevent liabilities, as well as to agree on a possible payment arrangement.