He does my annual return, like he did last year. I also have many saved email, him stating being busy with the vat return with the dutch tax auth.
you are copying my question as an answer,
i came this far myself, that it looked reasonable to have a case against my accountant for being negligent. That is the reason to look for legal advise, and i raised this question,
im expecting a detailed feedback, with substantiated legal advice.
thank you for your reply,
the company was filled in de 2012. at that time the accountant assured to file the VAT reclaim with the dutch HMRC in time. he was aware of the 9 months period at that time, so he would not be running out of the 5 years limit.
The invoice is regarding a pilot, typerating course boeing 737-800. this was done in Holland and were applicable cost for the UK limited company.
In jan/march/june 2013 the accountant confirmed by email again that all things had been processed correctly.
I show you some of the email correspondence i was able to find in my inbox, in these emails i ask a follow up regarding the processing;
EMAIL 17 april 2013 (SO APPLICATION IS FILED CORRECTLY AND IS PROCESSED as accountant mentioned before)
email coment of accountant: The type rating application is under way but we haven’t heard back from the Dutch authorities.
EMAIL 03 may 2013 (THIS DATE IS STILL IN THE 5 YEARS LIMIT)
Email, status dutch VAT back, answer: I’m not sure why it’s taking them so long ..they have had all the information from us that they need.We will chase them (which the accountant didnt do)
EMAIL 09 October 2013 14:16 (THIS DATE IS OUTSIDE 5 YEARS LIMIT, AND question is WHO IS RESPONSIBLE FOR THE ERROR AT THIS MOMENT)> Hi robert, (accountant) > > as it is almost a year that has been passed now, any update regarding VAT > back form the dutchies?
Reply: > > Jan > > I know it's a bloody disgrace!!! And further...the bad news is that they've > lost the form!!! > > We finally got through to them by phone and they told us that they had lost > it. >
EMAIL Date: Mon, 14 Oct 2013 10:58:46 +0000 (THIS DATE IS TOO LATE, TO CLAIM VAT FOR A INVOICE OF AUG 2008, 5 YEARS LIMIT passed)
Now we will do the necessary follow up regarding your Holland VAT.
Priya Ravichandran (WORKS FOR ACCOUNTANT)
EMAIL 14-10-2013 (OUTSIDE 5 YEAR LIMIT)
Priya Ravichandran (works for the accountant)
Date: Wed, 6 Nov 2013 15:55:39 +0000 (THIS DATE IS TOO LATE, TO CLAIM VAT FOR A INVOICE OF AUG 2008, 5 YEARS LIMIT)
I am trying to send your application for claiming VAT refund from Netherlands, online.
I also have asked the accountant the following today:
>> On 21 Oct 2014, at 12:33, JanWillem Roderick Eigeman <*****@******.***> >> wrote: >> >>> Dear Priya, Robert, >>> >>> As you know im dealing with the Dutch tax Auth. >>> >>> another very important thing is, that the time limit for an appeal is 6 >>> weeks. >>> Below the email received form Priya, dated 14 JULY 2014. >>> >>> It is regarding the letter dated 14 APRIL 2014. >>> >>> This is a very important letter, where to had to be responded in time. >>> besides this is outside the 6 weeks of respond time, >>> its even double the time 3 months. >>> >>> Also to this i have to give an explanation, why this response had been so >>> so late? >>> >>> I think that you both agree that this has been out of a 'normal' time >>> limit. >>> Again we are outside time limits.... and the claim is going to be denied on >>> this... >>> If so, i am not taking responsibilities for this. >>> >>> could you please confirm what went wrong here. >>> >>> Thank you very much, >>> >>> Kind regards >>> JW
>> >> I think our chief problem was two fold.. >> >> A ) we couldn't talk to anyone at the Dutch vat office .. Or email them >> >> B) our lack ok understanding of the Dutch language >>
as well my response to this:
> Dear *****, > > Thank you for the reply, > > > It has nothing to do with the dutch language; > as the dutch letter came in 14 th april, why did it take up to 3 months to forward this to me or give any feedback? I have been emailing you almost 2 weekly about the progress... > > Besides, > The fact, that the vat claim was filed LATE and WRONG... > Is not a dutch issue either... > > So why has this all been so late?? > > > And fyi, > > The dutch are saying that they are available by phone, 9-1700 mon.-fri, english speaking. > > > Hope you have an answer on this, > > Ill start a case anyway against them in holland, > If you are off the opinion its due to the fact hmrc was negligent in this, ill start a case in the uk as well. Im seeking legal advice in this at the moment. > Im not taking the responsibility for the loss of 4600 euro...which is not my processing fault. > Thrust you agree in this. > > > Regards > > Jw Eigeman
as well finally his response:
I wish you all the best!!!! I will provide any assistance that you might think useful.Sent from my iPhone
Finally what the story is,
They did not submit the application at the right time as they said to do in NOV 2012, jan/febr/march 2013 it should be even done up to 28 aug 2013 to be in time.
I got back to them on regular basis to inform the application was processed. all times i got it confirmed it was ok.
Lara Parra ltd. started in nov 2012. the application vat refund Holland was filed an processed in dec 2012. at first time, said by the accountant. i asked for prove or a confirmation of this. (which he never provided)
On the 9th of oct. 2013 I get the confirmation from the accountant that ‘they’ lost the application form. Who is ‘they’ ? is it the dutch authorities? Or the UK, who should have forwarded it to the Dutch? (it is important to have prove of this of course nothing here again)At this time, the 9th of oct 2013, at the time a new application can not be submitted anymore, cause it is outside the 5 years limit, he comes back that they start finally the application again.
Last but not least, I can not make an appeal against any judgment, This official letter came in 14 April 2014. Finally after 3 months, july 14 I get a email forward from the accountant about the letter.
Also this has been done very very late, again way out of time, cause an appeal should be submitted within 6 weeks.
The accountant didn’t do his job right, he tries to put it on the fact that he doesn’t speak dutch and the dutch HMRC are not able to be contacted,
This is a lie, they are available from 9-1700 every working day, English speaking.
He just doesn’t want to take responsibilities for his mistakes. He now just tells me to accept the loss off 4600 euro, and leave it as it is. In his email of 9 oct he writes: > We finally got through to them by phone and they told us that they had lost it. SO it is possible to reach them, and speak English with them. I asked about this ‘lost’ of papers the whole dept. didn’t know anything about this. If so, they would have made a note. (and the accountant couldn’t supply any of this documents application mentioned)
I would like your opinion about this, some substantiated legal advice. Based on which grounds I can take legal action.
Furthermore, I need a lawyer to follow up with this, who maybe can have a talk with the accountant about this and maybe point out, convince him that he will be responsible for being negligent. application is filed too late, also filed wrong! Any other essential information was not communicated in time. Any appeal was not possible due to this.
(other pilots got their 4600 euro back, he processed them the correct way)
Thank you very mich for your reply,
nice detailed and very helpful, what i was looking for.
i might start off with an informal letter to my accountant.
remember he s doing my annual returns as well..
Are u able to assist me with a letter ?
Sorry but i cant find this additional info.