Preparing for Legal Efforts, Part 6

General Update from Taxperience

Thank you all for your continuous participation in the legal process. The legal team keeps receiving copies of letters of contest, which is great. Please be reminded that only if you file monthly letters of contest on a timely basis will you be able to benefit from a positive outcome of our legal battle. The team is also still in contact with the Dutch tax authorities to see if a practical solution can be reached in order to limit the number of letters that have to be filed. This remains ongoing. For the three cases that we will present to court, the team is waiting for the official rejection of the letters of contest. After receipt, these cases will be brought to court immediately.

FAQ – Update from Taxperience

1. I received a response letter from the Dutch tax authorities regarding the letters of contest for January and February. Is any follow-up action from my side required?

The Dutch tax authorities have responded to many of you after you sent the additional information to the tax authorities with your salary slip and/or bank statement. The letter that the authorities sent to you is to confirm receipt and to inform you that they need more time to decide on your letter of contest. No action is required from you side

2. The letter says that the tax authorities need more time before they will decide and respond. Is this allowed? Is it good or bad news?

Dutch tax law allows the tax authorities to take 12 weeks to decide on a letter of contest. The clock starts ticking on the day tax has been withheld from your salary (which is payday, the date on which you received your net salary). The law also provides the tax authorities with the option to extend this period with 6 weeks to 18 weeks in total. This is what the tax authorities did: they informed you that they will need 18 weeks as of the moment tax has been paid. Since we expect that the tax authorities will reject all letters of contest, it is fine if they wait a bit longer to do so. In the meantime, we may be able to come to a practical solution which could prevent that you all have to send a letter of appeal to the Dutch tax court (one letter per person or maybe even one letter per person per month). So extending this period is fine as we continue to work towards a practical solution. 

3. Which action is required from my side at the moment?

We encourage you to continue to file monthly letters of contest, so please make sure to file your letter of contest against the tax withheld from your April salary in time (within 6 weeks after receipt of your net salary). This letter remains on the UENL website for your monthly use: https://www.adealisadeal.nl/take-action 

Preparing for Legal Efforts, Part 5

Dear UENL Community,

New template letters are now available for your use on the Take Action space of our website. They address three commonly asked questions that we are receiving. Details are noted below.

Best wishes,

The UENL Board

I received a response from the Belastingdienst to my pro forma letters submitted in January or February asking me for more information. What should I do?

Visit STEP 3 on the Take Action page and download the letter for response. You will update the spaces marked in green, and include proof of salary payment date. You should do a separate letter for both months, in a separate envelope. Use the Breda address that was noted in the letter you received from the Belastingdienst.

The 30% rule is no longer applied to my salary as a result of the law change. I want to (continue to) object. What should I do?

Visit STEP 2 on the Take Action page and download the new objection letter. This letter is different than the previous pro forma letter. It now includes argumentations for objection. You should use this letter every month that you object (i.e., until your original end date). This means one letter per month. You will update the green text as appropriate each month, and will include proof of salary payment each month. This proof of salary payment confirms to Tax Authorities that you objected within six weeks of your salary.

I am still receiving the 30Rule. What do I have to do?

If the 30% rule is still being applied to your salary, Step 1 (the webform to Taxperience that was previously announced) is the only thing that you need to do at this time. As soon the 30Rule is no longer applied to your salary, you should use this objection letter in Step 2 within six weeks of receiving your salary.

Preparing for Legal Efforts, Part 4

Dear UENL Community,

Numerous members of our community are receiving responses from the Belastingdienst in reference to their profforma letter. This is expected. The next step is to respond with a complete objection letter.

This letter will be available shortly. It will be made available, on this website, for your use.

In addition, Taxperience and UENL are receiving hundreds of questions per day. To facilitate efficient responses to the community, Taxperience has prepared an FAQ document that you can find on the Take Action Page at the bottom (also at this link). We ask that you review this FAQ before emailing, as you may find your answer readily available.

Best regards,

The UENL Board