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The Dutch Data Protection Authority (PA) has asked the tax authorities a deadline of 1 January 2019 to prevent the use of personal VAT numbers in early July
Menno Snel van Financiën, secretary of state in the House of Representatives that tax authorities can not adjust their systems before that date. The secretary of state will discuss with AP to find out if there is a transition period.
Snel will soon create a committee of experts in the field of ICT, taxation and privacy. The committee must evaluate whether the assessment of the tax authorities is correct
The AP has examined the policy of the tax and customs administration against the AVG, the new European law on protection personal information effective May 25th.
People receive a special VAT number for business communications with tax authorities. This number includes in part the personal OBS, which is intended for communication with the government. Contractors must indicate the VAT number on all their invoices.
Interim Solution
The Tax and Customs Administration is considering an interim solution in the form of a conversion service. The BSN is still used, but only within tax authorities
On the outside, entrepreneurs would then receive a new VAT identification number that does not contain their BSN. The conversion service converts the new number for incoming traffic into the old number, and for outgoing traffic in the opposite direction.
This summer, the tax authorities will carry out an impact analysis of this possible interim solution. According to the tax authorities, this solution will also be very complex.
ICT Problems
In 2017, prior to the introduction of AVG's privacy law, AP also directed the tax authorities on the use of the personal number of VAT. The Tax and Customs Authority then began an internal investigation into the alternative use of the BSN.
This survey revealed that the Tax and Customs Administration can adjust the use of figures only when a new computer system is introduced. We have been working on this for years and the delivery of the new system has been delayed several times. Snel said earlier this year that ICT problems at the tax authorities will continue for years.
If the tax authorities changed their systems to no longer use the personal OBS, this would be the responsibility of the Secretary of State. progress of the new system.
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