More sharing options
WhatsAppLinkedInEmail

A tax dispute can involve costs for legal assistance, experts and travel. Reimbursement may sometimes be available, but that does not mean the Tax Administration pays your entire bill. Different conditions apply to objections and court proceedings. Request reimbursement of objection costs before the objection is decided and retain evidence of that request. A tax lawyer can assess which cost items fit your file and whether a costs decision is correct. Agree fees and any payment arrangements beforehand so that expected reimbursement does not become unrealistic financing of your proceedings.

Sources (4)
On this page

1. Establish which stage your reimbursement request covers

Prepare a timeline of the dispute and divide costs incurred between objection, district court appeal, appeal to the Court of Appeal and any cassation. Your adviser’s bill may cover work from different stages. Also identify the decision and tax year concerned. An award for legal assistance in court does not automatically mean earlier objection costs have been awarded. Therefore check each costs decision against the stage covered by your request.

Do not confuse litigation costs with a tax refund, damages or repayment of the court fee. They are different matters with their own basis and decision. Separately record in your file what you paid, what was requested and what has already been awarded. In a settlement, explicitly ask how the parties will address costs of the current procedure so that agreement on the assessment does not leave the remaining financial issue unclear.

2. Request objection costs before the decision

For reimbursement at the objection stage, it is important to request it before the administrative authority decides the objection. You can include the request in the notice of objection or submit it separately later, provided this is timely. Record what the request concerns and retain the filed wording and proof of receipt. Merely retaining an invoice or assuming the inspector knows your adviser does not yet make clear that reimbursement was requested.

The statutory main rule links reimbursement to revocation of the disputed decision because of unlawfulness attributable to the administrative authority, and to costs reasonably incurred. The Tax Administration explains this as a culpable error leading to revision. Not every reduction therefore automatically entitles you to objection costs. If the difference can only be corrected because necessary information is first supplied during the objection, that specific cause must be examined.

3. Substantiate why the correction was made

Compare the original return, information available to the inspector and the reason why the assessment is later amended. Show when an important document was supplied and which position was then taken. A correspondence overview can clarify whether the Tax Administration already held the relevant information. This differs from merely establishing afterwards that the ultimate tax amount fell.

For a partial correction, ask your tax lawyer which component supports the costs request. Also assess whether the assistance and other costs were reasonably necessary for this objection. A timesheet can clarify the work but is no promise that every hour will be reimbursed. Set out special circumstances specifically and have the applicable statutory conditions assessed. A forceful accusation against the inspector does not replace that substantiation.

4. Understand the points system without equating it to your invoice

For professional legal assistance supplied by a third party, the Administrative Law Costs Decree generally uses a fixed-rate system. Recognised procedural steps, the applicable value per point and weighting factors count. It is therefore not simply your lawyer’s hours multiplied by their hourly rate. Nor does the number of letters you discuss together automatically produce that many separate points. Have the relevant steps in your procedural stage identified separately.

Rates and special rules can change; use the applicable scheme and correct point in time for a calculation. Do not copy an amount from an old article or a judgment about another year. Where there are several cases, discuss whether their connection affects the calculation, and for special tax types whether additional rules apply. This guide deliberately gives no fixed euro amounts: the eventual award must match your proceedings, the applicable rules and the decision.

5. Map other costs and evidence separately

Alongside professional legal assistance, expert costs, travel expenses, certain document costs and compensation for time lost may, for example, qualify subject to conditions. Not every amount spent because of the dispute therefore belongs to a reimbursable category. Record each item’s date, reason, person concerned and supporting document. Also clarify whether an expert was engaged for the tax case or a broader business assignment only partly connected to the dispute.

Discuss beforehand whether an expert report is needed, which question it must answer and what scope is reasonable. Keep invoices, payment details and explanations of travel time or lost income where relevant. Your own preparation time is not automatically paid legal assistance by a third party. Have the correct category and applicable limit checked, rather than entering every hour you spent under one general amount.

6. Check the decision and assess further steps

The Tax Administration decides the costs request together with the decision on objection. Check whether the request was addressed, which stage is mentioned and how rejection or the calculation is reasoned. Compare this with your timely request and the steps actually taken. If a decision is missing or you think it is wrong, promptly have an adviser assess the available remedy and deadline. An informal telephone enquiry does not automatically preserve your procedural rights.

On appeal, the court may rule on litigation costs; the conditions differ from those for objections. Ask your representative to present the entitlement and relevant costs clearly and check the court judgment for them. Also discuss the costs of further proceedings solely over a difference in costs. A legally arguable challenge to reimbursement may have limited economic value. Therefore request an estimate of additional work and potential benefit without assuming victory.

7. Fictional example: assessment reduced, costs request forgotten

Suppose a business owner objects through an adviser to an additional VAT assessment. The inspector reduces the assessment, but the costs request appears nowhere in the file. This fictional example shows why the request before the decision deserves a separate check. The reduction and paid adviser’s bill do not automatically cure the absence of a timely request. Nevertheless, have an adviser investigate precisely what was requested in letters and any recorded conversations.

A good initial file contains the objection, all supplements, acknowledgements, the decision and invoices. First ask the lawyer whether a request was timely, why the correction occurred and which reimbursement fits the scheme. Then record how any awarded amount is set off against your bill and whether further proceedings are reasonable. This lets you assess your actual contribution to the proceedings without treating every advisory cost as guaranteed recoverable.

Frequently asked questions

Do I get all lawyer’s fees back if my tax assessment falls?

No. Conditions differ by stage and reimbursement of legal assistance is generally fixed-rate. A lower assessment does not guarantee reimbursement of all costs incurred.

When must I request reimbursement for an objection?

Before the objection is decided. Preferably include the request directly in the notice of objection and retain proof of filing.

Does every letter from my adviser count as an extra point?

No. The points system follows recognised procedural steps. The applicable value, weighting and any special rules determine the calculation.

Sources

These sources relate to this page. For a specific case, check current rules and your own documents.

Related articles

Legal review

Not legally reviewed yet

This version has not been reviewed by a lawyer or legal professional. Checking sources or editing text is not legal approval.

Editorial team Tax law in the Netherlands

We connect explanations to sources and record targeted changes. Legal review is attributed only to the actual reviewed version, with a real reviewer, date and scope. Human legal review of these articles remains open.

Ricardo van der Spoel

Ricardo van der Spoel

Editorial responsibility · Editorial organisation and technology