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Baker Tilly Dutch Caribbean | Edition 1 2014

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If the Tax Inspector rejects a notice of objection against a tax<br />

assessment, the taxpayer has the right and opportunity to file<br />

an appeal with the Court of Appeals in Tax Matters (hereafter<br />

the “Court”).<br />

APPEAL IN<br />

TAX MATTERS<br />

Argumentation and timing<br />

are essential<br />

Such an appeal has to be filed within<br />

two months after the date of the Tax<br />

Inspector’s ruling.<br />

After the Court has received the<br />

letter of appeal, it grants the<br />

Inspector the<br />

opportunity<br />

to invoke his<br />

right to react<br />

to the appeal<br />

in writing. The<br />

taxpayer may<br />

be represented by a third party,<br />

and a (tax) attorney is not explicitly<br />

required in a tax court.<br />

REPRESENTATION BY<br />

A TAX ADVISOR<br />

After the exchange of arguments<br />

in writing, the Court will set a date<br />

for a hearing. During this session<br />

in front of the tax judge(s) both<br />

parties get the opportunity to<br />

plead their cases and the judge(s)<br />

may ask questions. The taxpayer<br />

or his representative should be<br />

properly prepared to answer these<br />

questions. In addition, he or she<br />

should be prepared to receive and<br />

counter possible new arguments of<br />

the Inspector. Usually after several<br />

months, the Court will render its<br />

verdict. Wilco van Oosten, tax<br />

advisor,<br />

strongly<br />

Both parties get the<br />

opportunity to plead<br />

their cases<br />

advises<br />

to engage<br />

a tax<br />

specialist:<br />

“fiscal<br />

expertise and the experience to<br />

deal with these cases is essential,<br />

especially because at this moment<br />

there is no possibility to appeal a<br />

verdict of the Tax Court! As there<br />

is no further appeal option; it is<br />

extremely important that the letter<br />

of appeal contains all relevant facts,<br />

arguments and references and that<br />

all questions raised by the judges<br />

are answered fully and precisely.”<br />

pag 6 pag 7

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