Tax may not provide income information to landlords – Financieele Dagblad

The tax authorities must provide any income information to landlords. According to a ruling of the Administrative Jurisdiction Division of the Council of State. The ruling may have implications for government policy to social housing tenants with incomes above average to impose an additional rent increase.

According to the Supreme administrative court, the Tax Office will not provide any income information to landlords because an adequate legal basis is missing. Over the past three years, many so-called skew inhabitants face rent increases of about 5% per year. The total rent increase in the tens of millions.

Flow

the government’s policy is to improve traffic flow in the social rented sector. An estimated one quarter of social housing is rented to households with an income above € 35,000. The Tax Administration provided the data according to different rules introduced in recent years. According to the State Council was an explicit provision is necessary.

The verdict shows that Minister for Housing, Stef Blok must repair legislation so that the tax authorities in the future, may provide income information to landlords. Block writes in a letter to the House here have been doing in his bill to promote the flow. “This bill is chosen form of the legal technique that the Tax explicit requirement will provide these explanations. If this legislative proposal soon is accepted by both Chambers and enter into force, the tax authorities may at least in time for the rent notices by July 1, 2016 to provide the income statements. ”

Fundamental reasons

the ruling raises the question of what happens to the rent increases that have occurred in recent years. The State Council fells here had no specific opinion because the case was brought by a tenant who made only for reasons of principle objection to the disclosure of personal information.

The tenant has no income-related rent increases were imposed because his income was insufficient for that purpose. The tenant did ask for a non-material damages because he said mentally to have suffered from privacy violation. This demand was rejected by the Council of State.

Rent increase rollback

the ruling provides tenants in principle be able to claim compensation from the tax authorities, says lawyer Bernard Tomlow. “But then you as tenant have made a timely objection.” Whoever comes in handy in arms against a rent increase based on income data provided by the Tax is probably too late, according to him. “That has to do with the law.” Landlords otherwise remain too long in uncertainty.

Ronald Paping the Woonbond said in response that the tenants association shows the consequences of the ruling investigations. “It is strange that by conducting a rent increase based on information that you should not have to provide.” Block also said more study on the effects in the letter.