Court allows tax refund based on reliance interest when inspector honored prior incorrect calculations.
Legislator summary
AI generatedThe court declared the taxpayer's appeal against the inspector's refusal to refund wealth tax admissible and well-founded. The inspector had previously granted a refund request based on an incorrect calculation of the taxpayer's losses against his wife's income, creating a specific reliance interest. Consequently, the court ordered the full restitution of the wealth tax levied for 2000 and the refund of court fees. The decision rests on the principle that administrative authorities must honor the trust placed in their prior inconsistent rulings.
Legislator headnote
AI generatedWet op de vermogensbelasting 1964, artikel 14, vijfde lid; When an administrative authority honors a taxpayer's request based on an incorrect calculation, it creates a reliance interest that prevents the authority from refusing a subsequent, identical request for restitution.