Problems with the tax authorities-
Conflict resolution

An increasing number of entrepreneurs and wealthy families are facing issues with the tax authorities.
If you are having or expect to have conflicts with the tax authorities, you will need a keen tax attorney who is deeply knowledgeable on the contents of the conflict and simultaneously knows how to protect you effectively.  Who can translate your interests into an active negotiation strategy that is based on perspicacious views on:
a. the material substance of the (pending) conflict, and
b. the art of negotiation.
And who, without unnecessary polarization, is looking for solutions pro-actively, eventually in cooperation with other advisers.
Koele Tax Legal Perspecta offers this specialist perspective. 

 With 30 years of experience and advanced negotiation education at the University of Harvard, you can expect a perspicacious strategy with respect to your negotiation or conflict. In our view, a conflict needs to be negotiated, and even in litigation, the principles of an extensive negotiation apply.

Our strategy does not only relate to the material contents of the case, but equally focuses on the framing of the conflict and the proces of negotiation itself.  A balanced strategy does not only target the subject of the conflict itself, but creates value in other areas within the scope of the relationship with the opponent, such as increased understanding and trust.

Although the tax authorities have a strong BATNA, the notion of negotiation power is foremost a perception and should be resisted as such.

In order to create a 'level playing field', however, it may be required to initiate a formal harsh position and to initiate litigation in order to get heard and to create the opportunity to negotiate. In such a case, the Court is the independent third party who is able to rescue a case where the valuation of the facts at hand is concerned. In many cases, this endeavours to settle a conflict during litigation,  presumed that timing is sensibly used.

A perspicacious negotiation strategy is sustainable and is also pursued in a litigation; accordingly, we do not make use of negotiation trics and refrain from unnecessarily petty behaviour, since that would undermine our client's integrity.

Finally, it is essential to have an independent expert who is able to negotiate authentically and creative without being involved in the conflict in another role, such as an advisor or other professional whose advice is potentially being challenged.  The professional may be accountable or even liable for the consequences and even if that is not the case, the reputation of the professional is at risk, both towards the client, colleagues, and the Court. In order to create a right negotiation strategy for the client, there should be no interference with other interests than the client's. 

 

See Problem Solving: Problems with the tax authorities

 

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Mistake in Dutch Private Clients practice: the autonomy of parties revealed On the meaning of 'Mistake' in the Dutch estate planning practice in comparison with the Anglo American practice, Trusts & Trustees, July 2014

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International Charitable Giving Oxford University Press, 2012, author Chapter: the Netherlands

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