The twelve-year assessment period: continuing the story 

Over the past year, an exceptional amount of media attention has been paid to the bank balances held by Dutch citizens in foreign banks governed by bank secrecy. Assessments can be imposed over a longer period – twelve years instead of five – on income arising from, or held, abroad, such as foreign bank balances. This extended assessment period was the subject of a number of lengthy cases before the Dutch Supreme Court. Recently, the Dutch Supreme Court has rendered a series of decisions.

These cases dealt with foreign bank balances that were not declared in the Netherlands. These cases revolved around the question of whether or not the extended assessment period was in conflict with European law. In this article, the author describes these cases and discusses the outcome of the decisions. The outcome of this case law for income that is held in a non-EU Member State is also discussed.