The development of law in the area of non-profit organizations is lagging behind social developments, which always causes tension. It is important to include the tax authorities in these developments in order to avoid problems as much as possible. In some cases, barriers need to be removed before the government will agree to new legal developments; in these cases, there is little else one can do than initiate proceedings.
Most of the issues non-profits encounter can be avoided by addressing them properly at the outset together with the tax inspector. The tax authorities are trained to find non-conforming cases and examine them very closely.
If you are working in an area in which the tax authorities do not wish to make any promises upfront, you will have to put a well-balanced strategy in place that takes their interests into account. Should a dispute still arise, negotiations will start and if no acceptable solution can be reached, legal proceedings.
It is in your interest that you can rely on a tax attorney throughout the entire process who knows how to present the case from the right perspective without losing sight of the distinct perspectives of the tax authorities and the courts. Who is pro-active and sensitive to the special features of your case. And finally, if necessary, do whatever it takes to defend your position. Koele Tax Legal Perspecta offers this perspective.
Read further: Problems with the tax authorities/What we do
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