As of 1 January, the #30Rule changes are now law. Recipients of the #30Rule began receiving notifications of this decision in late December from the Belastingdienst. What now? As UENL investigation potential legal action, there are several KEY things that you can do - most importantly, SUBMIT YOUR OBJECTION LETTER within six weeks of receiving your notification from the Belastingdienst.
Members of our community have asked us to provide a template letter to facilitate this objection. At UENL, we carefully investigated the requirements of this letter. It is important to realize that this is not an objection to a subjective decision but rather to a law change. This dramatically ups the ante.
The letter must be suitable for EVERY case and must include a “grounds to object the decision” - which should be based on the content of the legal analysis that was previously prepared by Stibbe. Even more, to strengthen the objection letter, it should also indicate that UENL Stichting supports this objection and the community’s cause as a whole. In other words, this is a complex and critical letter that must rely on strong legal argumentation and must work for the myriad of unique situations in this community.
As a board, we did our due diligence for this community to ensure that we have the most comprehensive, accurate, and thorough letter that will facilitate any potential future legal action for ANY community member. In practice, this meant that - as a board - we voted to commission Stibbe law firm to prepare this letter for us. We felt it was a sound, logical, and appropriate use of the funds that this community contributed to UENL’s efforts. It is important to note that this is a standalone scope of work for Stibbe. There is no commitment from any community member or UENL Stichting to continue with Stibbe should legal actions be pursued in the future.
We anticipate by COB Tuesday (hopefully earlier) that we will have a copy of this letter available for download on our website. The letter will be written in Dutch. We will provide a brief summary in English.
WHO SHOULD USE THIS LETTER
With the introduction of the 2-year transition, some beneficiaries will (technically) not be impacted at all. Others will be partially or heavily impacted. Ultimately, this is YOUR individual decision whether to use the objection letter. At this stage, there is no guarantee that the Belastingdienst will react to this letter and no guarantee as to what extent it will have a positive effect and outcome. There are times that the Belastingdienst calls individuals to discuss personal circumstances where other times such letters are simply ignored and legal action is the only option left.
WHAT YOU CAN DO NOW
If you have decided to object, while you wait, gather and print copies of:
your #30Rule letter with original end date
your letter from Belastingdienst that you recently received with the revised end date,
your BSN number,
your Passport, AND
the full legal document that Stibbe prepared for us in the Fall (you can download this on the website).
We anticipate all of this information will need to be included with the letter.
WHAT YOU WILL NEED TO DO
As soon as the letter is available on our website, download, edit the personal details portion, print, sign, and mail (along w the materials referenced above). Make sure you are ready to go when the letter is released.
WHAT ELSE DO YOU NEED TO KNOW?
This objection letter is a standalone Scope of Engagement for Stibbe. It does not, in any way, mean that you and/or UENL Stichting are required to work with Stibbe in the future. This letter is, however, REQUIRED if you hope to pursue any legal action.
SPREAD THE WORD
We assure you we are doing our very best to get this in your hands quickly. We will be arranging paid Facebook promotion to ensure the community knows of this available resource but please, if you know people affected by this law, inform them of this critical step.
At UENL Stichting, we have always done our utmost to provide every community member with the best service and advice possible, given the constraints, the unknowns, and the complexity of the situation. This objection letter is again made solely to suggest and assist every community member in taking – what currently seems - the safest and most effective legal step. It is not and shall not be construed to be an admission of liability, an admission of the truth of any fact, on the part of UENL Stichting. Ultimately, we must emphasize this is your own decision.
Thank you, as always, for your support and encouragement. We know many of you have questions. We will do our utmost to answer them as quickly as possible. Please be patient :)
Your UENL Board