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Appeal Court Upholds VAT Assessments with Punitive Fines, Reduces Penalties for Financial Hardship

  • Court of Appeal ‘s-Hertogenbosch
  • Date of judgment: 14-08-2024
  • Additional assessments of VAT for the years 2011 to 2014 with punitive fines
  • Findings of investigation are admissible as evidence
  • Other formal grievances of the taxpayer are not successful
  • Inspector correctly imposed additional VAT for lack of evidence for 2011 and 2012, and lack of authenticity of invoices and receipts for 2013 and 2014
  • Inspector proved that taxpayer falsified invoices
  • Valid reasoning for punitive fines only for 2013 and 2014
  • Court annulled punitive fines for 2011 and 2012
  • Court further reduced punitive fines for 2013 and 2014 due to financial circumstances of taxpayer and exceeding reasonable time limit
  • Taxpayer awarded immaterial damages for exceeding reasonable time limit

Source: uitspraken.rechtspraak.nl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.

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