The use of a blacklist by the tax authorities had no legal basis and was therefore unlawful.
That is the conclusion of Advocate General of the Supreme Court René Niessen.
As a result, the hundreds of thousands of people on this list must still be able to challenge their tax assessments from recent years.
And if the tax authorities have imposed additional assessments because of the blacklist, they must be cancelled.
If the tax authorities suspected that someone was committing fraud, they were put on this list.
This allowed the Tax and Customs Administration to additionally check their returns.
But the existence of the blacklist was kept secret.
Some people were not aware that the Tax and Customs Administration had designated them as possible fraudsters, while they ran the risk of problems, for example when applying for benefits, allowance or rental property.
According to Niessen, the imposed assessment can only be upheld if there is "very serious tax fraud".
The advice of the Advocate General of the Supreme Court is usually adopted.
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The allowance affair explained in understandable language
Tax authorities promised to delete list after revelations
After revelations by
, the Tax and Customs Administration decided in February 2020 to no longer use the list.
The tax authorities did this not only because it was in violation of the General Data Protection Regulation (GDPR), but also because many people had been wrongly included on the list.
At the beginning of February 2021, the House of Representatives was irritated about the slow way in which the Tax and Customs Administration is acting in this case.
Of about 270,000 people who have been placed on the illegal blacklist, more than 200,000 have received a letter about this.
Not everyone is informed, because there might be a 'major investigative interest' or possible traceable tips.
This means that the person who has been placed on the list could know who tipped him or her to the Tax Authorities as a possible fraudster.
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