Advice on Tax Debt | Rechtswinkel.nl

Questioner

LS I would like to get advice on a matter where I can only find conflicting reports. It concerns a large tax debt of 150K consisting of income tax and sales tax from at least 5 years ago. Due to the crisis, my former company (sole proprietorship) got into serious trouble. Instead of going bankrupt, a professional agency worked on a solution through an amicable process. Although almost every creditor (except for a few minor ones) agreed, a spiteful creditor managed to collapse this in the compulsory settlement procedure. Since then, everything has come to a standstill. In order to work towards a solution myself, I have requested an exemption from the tax authorities. This was rejected. And now comes my big question. The main reason for rejection is the fact that there is repayment capacity. However, I have not had an income for a year, but my partner does. However, we are not married, do not have a cohabitation contract or registered partnership. The tax authorities now state very coldly: 'The net disposable income of the taxpayer is increased by the average expected monthly income of his partner, even if he is married under prenuptial agreement or in the case of unmarried cohabitants'. This now means that everything from my partner's income above 90% of the Social Assistance Standard will be skimmed off by the tax authorities. Given the size of the debt, that would be over the next 25 years. My position is that the tax authorities in fact regard us as married in community of property. I cannot imagine that a 'third party', which is in fact my partner, can be held fully responsible for my tax debts? Can anyone say anything sensible about this? Many thanks in advance!

Lawyer

It is incorrect that the tax authorities are allowed to 'touch your partner's income'. I advise you to object to this and, if necessary, to prevent it by means of summary proceedings.