🤔 Is this allowed? tax edition
Can the Tax Office reassess after 5 years? Can a benefit be reclaimed without substantiation? Tax rights, answered short.
- Reassessment after 5 years allowed?Normally no — 5 years is the standard limit (AWR art. 16). Exception: concealed foreign income → 12 years. Outside that: object on time-bar grounds.
- Can collection continue during objectionBy default yes — objection does NOT suspend payment. But you can request DEFERRAL — which the Collector must grant on "reasonable" objection.
- Can assessment be issued without my returnYes — a "ex officio" assessment based on estimate. Often well above reality. File the return AND object = right to correction.
- Can penalty stack on top of taxYes — filing penalty on omission, fault penalty on intent/gross negligence. Both: objection possible + mitigation on personal circumstances.
- Can clawback without substantiationNo — since the Toeslagen scandal, substantiation is required (Awb art. 3:46 + 7:12). Clawback without explanation = invalid + objectionable.
- Can Tax Office drain bank accountWith writ + third-party attachment: yes. Seizure-free minimum (~90% welfare) must be respected. Wrong attachment: opposition within 14 days.
- Can DigiD be requiredNo — for people without DigiD, written (paper) communication remains available. Statutorily guaranteed. On refusal: object + Ombudsman.
- Can inspector check bank accountFor box 3 — automatic via SBR-Bank and CRS-foreign. For substantive audit: only on suspicion, AWR art. 47 info duty.
- Can inspector audit SMEInspector has broad access rights (AWR art. 47-53). But: notice duty, reasonableness, no fishing. Your rights explained.
- Can inspector amend my returnOn final assessment: inspector may deviate from your return. With reasons. On correction you get a hearing right.