Legislator Case Law & Legislation
ECLI:NL:GHSGR:2003:AF7207 ECLI:NL:GHSGR:2003:AF7207 AI generated

Court allows VAT appeal where tax authority violated trust principle by late collection without prior notice.

Case Number ECLI:NL:GHSGR:2003:AF7207
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Court of Appeal declared the taxpayer's appeal against the tax inspector's decision admissible and granted relief. The taxpayer, an internet provider, argued that the inspector failed to notify them of a specific invoice date before imposing late VAT under Article 37 of the VAT Act. The court found this procedure violated general administrative principles, specifically the trust principle and proportionality, because the inspector did not inform the taxpayer of the exact date for which late payment would apply. Consequently, the court annulled the late payment assessment and ordered the inspector to pay the taxpayer's legal costs.

Legislator headnote

AI generated

Article 37 of the VAT Act 1968; The tax authority cannot impose late VAT under Article 37 without prior notice of the specific date, as doing so violates the trust principle and proportionality.

Keywords

AI generated
VAT late payment trust principle administrative proportionality prior notice requirement tax inspector liability administrative procedure annulment of assessment

Cited Legislation

AI generated
Article 37 of the VAT Act 1968
Article 8:75 of the General Administrative Law
Procedural Costs Decree
artikel 8:75 van de Algemene wet bestuursrecht

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