Taxpayers can rely on an examiner’s email even if it contains incorrect information

The Zeeland-West-Brabant District Court ruled that the trust created by the X inspector was enforceable.

X is a US citizen and moved to the Netherlands in 2016. In 2017, X will receive a lump sum from the US for pension entitlement. In 2014, at X’s request, he confirmed by email that before immigrating to the Netherlands, the lump sum would be taxed in the US and that the Netherlands was obliged to provide double taxation relief. In his 2017 Dutch income tax return, X claims double taxation avoidance for the entire lump sum. While levying income tax assessment, the inspector refuses to prevent double taxation.

The Zeeland-West-Brabant District Court ruled that the trust created by the X inspector was enforceable. Although X is not entitled to double taxation under the treaty, X has decided to lump sum his pension rights based on the trust created by the inspector, on the assumption that the Netherlands will provide for double taxation. prevention. Therefore, the inspector should still apply double taxation avoidance to lump sum payment income.

[Bron Uitspraak]

Legal Sections:

Agreement between the Kingdom of the Netherlands and the United States of America for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income 25

Agreement between the Kingdom of the Netherlands and the United States of America for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income 19

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