Last modified: 15 November 2017
The government is planning to completely abolish the amnesty ruling from the 1st of January 2018. With the complete abolition of this ruling, the temporary measure that was put into effect on the 1st of July 2016 will also come to an end. This temporary measure made it possible for the taxpayer make a correction within 2 years of filing a false or incomplete tax return without having to pay a fine for the transgression. Up until the first of January 2018, the amnesty ruling can be taken advantage of against a punitive fine of 120%.
After the abolition of the amnesty ruling, the fine will be between 150% and up to 300%. If the taxpayer provides the correct information, then this can lead to a reduction of the penalty. If the tax authorities see fit, they can hand over the case to the authorities to be investigated and prosecuted under criminal law.
Now that the ruling is being abolished, and with it the limited period for moderation of the penalty, there is now even more reason to declare all capital and assets on time.
Conditions for a successful amnesty procedure
To be able to successfully make use of the amnesty ruling before the first of January 2018, the taxpayer has to make his declaration before he has been made aware of the fact that the tax inspector is suspicious about the previous incorrect or incomplete declaration. This means that the correct declaration has to be done before the tax inspector has made any enquiries about any capital (abroad).
In addition, the taxpayer has to provide the inspector with a statement that allows him to impose a correct tax assessment without further enquiry. Professional legal assistance is crucial when it comes to this.