Accountant liability and tax issues

Questioner

Question 1 - My accountant made a mistake in calculating my income tax (year 2016 and 2017). It concerns a tax benefit/income-dependent combination discount. Due to his mistake, I now have to pay back a total amount of 4,700 euros. This is a mistake that he could have prevented if he had entered/calculated the correct information I provided, namely the ages of my children. Afterwards I am told that I received that amount unlawfully and that I have to pay it back myself. Can I hold him liable and 'force' him to appeal to his liability insurer so that I have to pay that amount myself?

Lawyer

In principle, you remain responsible for an incorrect tax return. However, under certain circumstances, the accountant may be liable for the damage if he deliberately or knowingly harms you or makes a serious error that cannot be expected of an accountant. The accountant is usually insured for damage. For more information or assistance, please feel free to contact me directly and without obligation.